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Bombay High Court Dismisses Guarantor's Appeal in Bank Recovery Suit — Guarantee Not Limited to Three Years, Liability Joint and Several. The court held that the guarantor failed to prove the alleged limitation of three years and is jointly and severally liable under the Indian Contract Act, 1872.

The case involves a first appeal filed by Padmakar Krushnarao Bhagwatkar, who was the guarantor/defendant No.2 in a suit filed by the State Bank of In...

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NCLAT Dismisses Appeals Against Resolution Professional's Rejection of Late Claims in CIRP. Claims Filed After Deadline Under Section 30 of IBC Cannot Be Entertained by Resolution Professional.

The National Company Law Appellate Tribunal (NCLAT) at Chennai heard three company appeals (Comp App (AT) (CH) (Ins) No. 232/2025, 234/2025, and 236/2...

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NCLAT Allows Appeal Against Exclusion of Personal Guarantors from CoC in CIRP of Corporate Debtor — Re-constitution of Committee of Creditors Set Aside. Personal Guarantors Are Not Members of Committee of Creditors Under Section 21(2) of Insolvency and Bankruptcy Code, 2016.

The National Company Law Appellate Tribunal (NCLAT) heard an appeal against an order of the Adjudicating Authority (NCLT, Chandigarh Bench) dated 01.0...

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High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

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Bombay High Court Allows Civil Revision Application, Rejects Plaint in Co-operative Society Recovery Dispute. Challenge to Attachment and Auction Orders Under Maharashtra Co-operative Societies Act, 1960 Barred by Section 163, Civil Court Lacks Jurisdiction.

The petitioner, Kalika Nagri Sahakari Patsanstha Maryadit, a co-operative society registered under the Maharashtra Co-operative Societies Act, 1960, f...

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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Auction Sale Due to Alternative Remedy and Suppression of Facts. Petitioner, a Director and Shareholder of Mortgagor Company, Failed to Disclose Rejection of OTS and Auction Sale, Leading to Dismissal with Costs.

The petitioner, Ms. Archana Wani, a director and shareholder of respondent No. 5 (N. Kumar Housing and Infrastructures), filed a writ petition under A...