Search Results for "Guarantor's Liability"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance in Favor ...
Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment ...
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High Court of Bombay Quashes Deputy Registrar's Directives in Co-operative Socie...

Search Results for "Guarantor's Liability"

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Supreme Court

Supreme Court Dismisses Appeal in SARFAESI Act Case on Jurisdictional Grounds. Civil Suit Barred Under Section 34 as Debt Recovery Tribunal Has Exclusive Authority Over Securitisation Matters, Despite Allegations of Fraud in Assignment Agreement.

26 Nov 2021

The dispute arose from a loan agreement dated 26.07.2011, where the appellant acted as a guarantor for a corporate debtor. After the corporate debtor ...

High Court

Bombay High Court Partially Allows Challenges to Arbitral Award in Co-operative Bank Dispute — Upholds Liability of Guarantor but Sets Aside Interest Rate. The court held that the arbitrator exceeded jurisdiction by awarding interest at 24% per annum with quarterly rests, which was contrary to the contractual rate of 16.5% per annum, and that the award of costs was without reasons.

27 Jan 2017

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award da...

High Court

Bombay High Court Allows Writ Petition Challenging Revision Order in Cooperative Loan Recovery — Guarantor's Liability Upheld Despite Non-Impleadment of Borrower. Section 101 Certificate Under Maharashtra Cooperative Societies Act, 1960 Cannot Be Set Aside in Revision Without Proper Notice to All Parties.

18 Mar 2016

The petitioner, Sunil Sitaram Mahajan, filed a writ petition challenging an order dated 20.01.2015 passed by the Divisional Joint Registrar, Cooperati...

High Court

Bombay High Court Dismisses Petition to Restrain Invocation of Bank Guarantee in Airport Development Contract Dispute. Court holds that bank guarantee is an independent contract and can be invoked only in case of breach, but no prima facie case of fraud or irretrievable injustice established.

29 Nov 2012

The petitioner, Housing Development and Infrastructure Limited (HDIL), filed an arbitration petition under Section 9 of the Arbitration and Conciliati...

High Court

High Court of Bombay Dismisses Plaintiff's Suit Challenging Invocation of Counter Guarantee in Port Development Project. Court holds that fraud must be established against the beneficiary, not a third party, and that invocation of a counter guarantee is not fraudulent merely because the underlying contract is disputed.

5 Oct 2012

The plaintiff, M/s. ABG Ports Limited, filed a suit seeking a declaration that the Joint Bidding Agreement (JBA), the Counter Guarantee, and its invoc...

High Court

High Court of Bombay at Nagpur Allows Appeal in Negotiable Instruments Act Case — Cheque Dishonour Conviction Restored. Appellant-Society Proves Loan Liability and Issuance of Cheque for Discharge of Debt, Reversing Acquittal Under Section 138 of the Negotiable Instruments Act, 1881.

14 Sep 2012

The appellant, Vishal Nagari Sahakari Pat Sanstha Maryadit, a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960, fi...

High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 of Negotiable Instruments Act Not Rebutted by Accused. The court held that the accused failed to prove his defence on preponderance of probabilities and the cheque was issued for a legally enforceable debt.

19 Sep 2006

The appellant, Smt. Prabha Gandhi, filed a criminal appeal against the acquittal of the respondent, Manohar Deshmukh, by the Judicial Magistrate First...

High Court

Bombay High Court Dismisses Winding-Up Petition Under Sections 433 and 434 of Companies Act, 1956 — Guarantee Debt Disputed on Grounds of Foreign Law and Lack of Service of Statutory Notice. Court holds that a winding-up petition based on a guarantee governed by Malaysian law cannot be adjudicated summarily without proof of debt under Indian law and proper service of demand notice.

27 Jan 2006

The case involves a winding-up petition filed by Malaysian International Trading Corporation Sdn Bhd and another (the petitioners) against Mega Safe D...

High Court

Bombay High Court Allows Recovery Suit Against Guarantor in Tripartite Agreement for Supply of Steel. Second Defendant Held Liable as Guarantor for Payment of Goods Supplied to First Defendant.

3 Aug 2005

The plaintiff, M/s. Ashwin Industrial Corp., filed a suit for recovery of Rs.1,90,914.14 with interest against Globe Steerings Ltd (defendant no.1) an...

High Court

Bombay High Court Allows SFC Petition Against Guarantors Under Section 31(1)(aa) of SFC Act, 1951 — Guarantors Liable Despite Company's Winding Up. Guarantee is a separate contract and liability of guarantor is co-extensive with principal debtor under Section 128 of Indian Contract Act, 1872.

7 Jun 2005

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

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