Search Results for "Guarantor's Liability"

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High Court Quashes FIR Against Bank Officials and BGR Energy Executives in Bank Guarantee Dispute -- No Criminal Intent Found in Commercial Transaction Under IPC Sections 420, 403, 406, 418, 425, 427 read with 34

The High Court quashed an FIR registered against bank officials and company executives alleging criminal offences in connection with bank guarantee tr...

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NCLAT Allows Appeal Against Admission of CIRP Due to Discharge of Debt Through One-Time Settlement. Financial Debt Found to Be Fully Satisfied Prior to Filing of Section 7 Application Under Insolvency and Bankruptcy Code, 2016.

The present appeal was filed under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) by Mr. Puneet Resutra, the erstwhile Director and Shar...

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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantees in Arbitration Dispute. Performance Guarantees Are Independent Contracts and Cannot Be Restrained Except in Case of Fraud or Irretrievable Injustice.

The appellant, M/s S. Satyanarayana & Co., a partnership firm, was awarded a contract by respondent no.1, M/s West Quay Multiport (Private Limited), f...

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Bombay High Court Allows Summary Judgment in Favor of Plaintiff in Freight and Demurrage Claim Based on Written Agreement. Defendant No.1's Liability Under Agreement Dated 18 July 2012 Confirmed as Unconditional Promise to Pay.

The plaintiff, SJJ Marine Pte Ltd., filed a summary suit against the defendants, Pisces Exim (India) Pvt. Ltd. (defendant No.1) and another, for recov...

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Bombay High Court Dismisses Application for Recall/Review of Order Allowing Secured Creditor to Release Leasehold Rights. Applicant, an ex-director and guarantor, lacked locus standi as he was not a party to the original application and no fraud or mistake was established.

The judgment concerns an application filed by Mr Shashikant Pasari, an ex-director and guarantor of Rajan (Textile) Mills Pvt Ltd (in liquidation), se...

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Bombay High Court Allows Substituted Petitioning Creditor in Insolvency Proceedings Based on Original Act of Insolvency. Hire Purchase Claim Held Valid as Debt Under Presidency Towns Insolvency Act, 1909 Despite Lack of Decree.

The Insolvency Petition was originally filed by Mandvi Cooperative Bank Ltd. based on an award of the Cooperative Court dated 7th August 2000. An Inso...

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NCLAT Chennai Dismisses Appeals by Suspended Directors Against CIRP Initiation Under IBC — Limitation Period for Section 7 Application Computed from Date of Default, Not Date of NPA Classification. Acknowledgment of Debt in Balance Sheets Extends Limitation Under Section 18 of Limitation Act.

The judgment pertains to two appeals filed by suspended directors of M/s. Sri Pavana Keerthi Hotels India Private Limited (Corporate Debtor) against t...