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Supreme Court Allows Bank's Appeal Against Confiscation Orders Under Central Excise Act and SARFAESI Act. Commissioner's Use of Omitted Rule 173Q(2) Invalid and SARFAESI Act Grants Priority to Secured Creditors Over Excise Dues.

The appeal arose from a judgment of the Allahabad High Court dismissing a writ petition filed by Punjab National Bank. The bank had extended credit fa...

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Bombay High Court Allows Secured Creditor's Writ Petition Against District Magistrate's Refusal to Assist Under Section 14 SARFAESI Act. District Magistrate Cannot Refuse Assistance on Grounds of Disputed Title or Pending Civil Suit.

The petitioner, SICOM Ltd., a financial corporation, had loaned Rs. 4 crores to M/s Sonaa Oil & Chemical Industries Ltd. Respondent No. 2 was a guaran...

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Bombay High Court Allows SFC Petition for Enforcement of Guarantee Under Section 31(1)(aa) of SFC Act, 1951. Guarantor's Liability Held Co-extensive with Principal Debtor Despite Non-Enforcement Against Principal Debtor.

The petitioner, SICOM Limited, a State Financial Corporation, filed a petition under Section 31(1)(aa) of the State Financial Corporation Act, 1951, s...

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Bombay High Court Allows SICOM's Petition Against Guarantors Under Section 31(1)(aa) of SFC Act for Recovery of Loan Default. Guarantors Held Liable Under Unconditional Guarantee Deed for Repayment of Term Loan.

The petitioner, SICOM Limited, a deemed State Financial Corporation under Section 46 of the State Financial Corporation Act, 1951, filed a petition un...

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Bombay High Court Allows SICOM's Petition Under Section 31(1)(aa) of SFC Act Against Guarantors for Recovery of Loan Defaulted by Borrower Company. Guarantors Held Jointly and Severally Liable Under Common Deed of Guarantee for Term Loan Granted to Principal Borrower.

The petitioner, SICOM Limited, a State Financial Corporation, filed a petition under Section 31(1)(aa) of the State Financial Corporation Act, 1951, s...

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Bombay High Court Allows Financial Institution's Petition Under Section 31(1)(aa) of SFC Act for Enforcement of Mortgage Against Guarantors. The court held that the petition is maintainable against guarantors and not barred by limitation under Article 137 of Limitation Act.

The petitioner, SICOM Limited, a financial institution, filed a petition under Section 31(1)(aa) of the State Financial Corporations Act, 1951, seekin...

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Bombay High Court Allows SICOM Limited's Petition Under Section 31(1)(aa) of SFC Act for Recovery of Loan Against Guarantors. Court holds that guarantors are jointly and severally liable for the debt of the principal borrower company.

The petitioner, SICOM Limited, a financial institution under the State Financial Corporation Act, 1951, filed a petition under Section 31(1)(aa) of th...