Search Results for "surety liability"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commerci...
Bombay High Court Dismisses Appeal Against Attachment of Property in NSEL Scam C...
Bombay High Court Allows Appeal in Customs Classification Dispute — Bulk Pet F...

Search Results for "surety liability"

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High Court

High Court of Karnataka Dismisses Writ Petition by Retired Partners in Debt Recovery Case Upholding DRT and DRAT Orders. Retired Partners Remain Liable for Original Bank Loan as Bank Did Not Formally Release Them Despite Reconstitution of Partnership Firm and Execution of Fresh Agreements with New Partners Under Indian Partnership Act, 1932.

16 Feb 2026

The dispute arose from a writ petition filed by two retired partners of M/s. Srishti Components, a partnership firm, challenging orders of the Debts R...

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

High Court of Karnataka Quashes Cheque Dishonour Complaints Against Accused Due to Lack of Proper Service of Demand Notice. Complaints under Section 138 of Negotiable Instruments Act, 1881 dismissed as demand notice was not served at the correct address of the accused.

20 May 2021

The judgment pertains to three criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, by the petitioners (Moodalagiriyapp...

High Court

High Court of Bombay Dismisses Developer's Suit to Restrain Invocation of Bank Guarantee — No Prima Facie Case of Fraud or Irreparable Injury Established. The court held that an unconditional bank guarantee cannot be restrained except in cases of established fraud or irretrievable injustice, which the plaintiff failed to prove.

22 May 2020

The plaintiff, Kryshnajay Developers Private Limited, filed a suit seeking a declaration that the invocation of a bank guarantee by the defendants (Ka...

High Court

Bombay High Court Allows Cooperative Bank's Petition Against Setting Aside of Ex Parte Award Against Principal Borrower. Principal Borrower Cannot Participate in Proceedings Without Depositing Loan Amount.

2 May 2019

The case involves two writ petitions filed by Rupee Cooperative Bank Limited against Vijaya Paints Pvt. Ltd. and others. The bank had obtained an ex p...

High Court

Karnataka High Court Quashes Possession Notice Against Guarantor in SARFAESI Act Case — Bank Must Exhaust Remedies Against Borrower First. Guarantor's Property Cannot Be Proceeded Against Without First Proceeding Against Principal Borrower Under Section 13(2) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

12 Apr 2018

The petitioner, Mahesh S/o Hemadreppa Sajjanaar, filed a writ petition challenging a possession notice dated 06.03.2017 issued by the Authorized Offic...

High Court

Bombay High Court Allows Appeal Against Admission of Winding Up Petition in Vandana Global Limited v. IL & FS Financial Services Limited — Disputed Debt and Bona Fide Defence. The court held that a winding up petition should not be admitted when the debt is bona fide disputed and the defence is substantial, requiring dismissal of the petition.

12 Mar 2018

The appeal arose from an order dated 5 January 2018 passed by the learned Single Judge in Company Petition No.923 of 2015, whereby the petition filed ...

High Court

High Court of Karnataka Dismisses Insurer's Petition Challenging MACT Order on Preliminary Issue in Motor Accident Claim. Subrogation Rights of Insurer Upheld Under Section 166 of Motor Vehicles Act, 1988.

18 Jan 2016

The New India Assurance Company Limited, the insurer of the offending lorry (bearing no. NL 05 A 1062), filed a writ petition challenging an order dat...

High Court

Bombay High Court Dismisses Appeal Against Injunction in Bank Guarantee Invocation Dispute. Fraud Must Be Established at Invocation Stage; Bank Guarantee Is Independent Contract Between Bank and Beneficiary.

21 Nov 2012

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

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...

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