Search Results for "Guarantors"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "Guarantors"

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Supreme Court

Supreme Court Dismisses Purchaser's Appeal and Upholds High Court's Decision Allowing Redemption Under SARFAESI Act Due to Non-Completion of Sale by Registration. Right of Redemption Under Section 13(8) SARFAESI Act Survives Until Registered Sale Deed, Following Principles of Section 60 Transfer of Property Act.

1 Aug 2026

Background: The dispute arose from the sale of a secured asset under the Securitisation and Reconstruction of Financial Assets and Enforcement of Secu...

High Court

High Court of Karnataka Allows Appeal by KSFC Against Dismissal of Recovery Petition as Barred by Limitation. Surety Liability Not Extinguished by Company's Liquidation Under Section 31(1)(aa) of State Financial Corporations Act, 1951.

27 Feb 2025

The appellant, Karnataka State Industrial Investment and Development Corporation (now KSIDC), filed an appeal under Section 32(9) of the State Financi...

High Court

Bombay High Court Allows Writ Petitions Challenging Co-operative Bank's Recovery Proceedings Against Guarantors Without First Proceeding Against Principal Debtor. Held That Under Section 101 of Maharashtra Co-operative Societies Act, 1960, Bank Must Exhaust Remedies Against Principal Borrower Before Proceeding Against Guarantors.

13 Jun 2018

The judgment concerns two writ petitions filed against recovery proceedings initiated by The National Co-operative Bank Ltd. against guarantors of a l...

High Court

High Court of Judicature at Bombay Considers Petitions Challenging Order Allowing Revision Against Auction Under Maharashtra Co-operative Societies Act, 1960. The Court examined the revision order's grounds regarding non-compliance of auction procedures and the finality of un-challenged recovery certificates under Section 101.

3 May 2018

The High Court of Judicature at Bombay considered six connected writ petitions filed by Palus Sahakari Bank Ltd. and the auction purchasers against th...

High Court

Bombay High Court Declares Assignment of Assets by Ex-Director Void Under Sections 536(2) and 537(1)(b) of Companies Act, 1956 — Post-Winding Up Sale Without Court Leave Invalid. The court held that any disposition of company property after winding up without court approval is void, and subrogation does not permit sale of assets without leave of the court.

21 Oct 2015

The judgment concerns two reports filed by the Official Liquidator seeking a declaration that a Deed of Assignment dated 14.03.2012 executed by Mr. Sh...

High Court

Bombay High Court Allows SICOM Petition to Enforce Guarantee Liability Under State Financial Corporations Act, 1951. Guarantors' Defense of Discharge Due to Variation in Contract Rejected as Guarantees Were Continuing and No Material Alteration Occurred.

14 Nov 2014

The petition was filed by SICOM Ltd., a State Financial Corporation, under Sections 31(1)(aa) and 32 of the State Financial Corporations Act, 1951, se...

High Court

Bombay High Court Dismisses Debtors' Motion to Set Aside Insolvency Notice in Consent Decree Dispute. Failure to Pay Agreed Amount by Stipulated Date Renders Debtors Liable for Full Decretal Amount Under Presidency Towns Insolvency Act, 1909.

13 Aug 2010

The petitioning creditor, Videocon Industries Ltd., filed Suit No. 1891 of 2000 against M/s Akar Laminators and the two judgment debtors, V.T. Seth & ...

High Court

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.

30 Mar 2005

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

High Court

Bombay High Court Dismisses Bank's Arbitration Petitions Against Guarantors Due to Limitation and Lack of Arbitration Agreement. The court held that claims against guarantors were barred by limitation and that the arbitration clause in the loan agreement did not extend to guarantors who were not signatories.

30 Nov -0001

The case involves three arbitration petitions filed by Abhyudaya Co-operative Bank Ltd. against various respondents, including Rainproof Exports Pvt. ...

Tribunals

NCLAT Dismisses Appeals Against Insolvency Resolution of Personal Guarantors Under IBC — Jurisdiction of Adjudicating Authority Upheld. The Tribunal held that the Adjudicating Authority has jurisdiction to entertain applications under Section 95 of the Insolvency and Bankruptcy Code, 2016 against personal guarantors residing abroad, and that the moratorium under Section 96 applies to all assets of the guarantor.

30 Nov -0001

The National Company Law Appellate Tribunal (NCLAT) at Chennai dismissed two appeals filed by Iqbal Jumabhoy and Hussain Somjee, personal guarantors o...

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