Search Results for "personal guarantor"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "personal guarantor"

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High Court

Bombay High Court Dismisses Petition by Cooperative Bank Challenging Appointment of Administrator Under Maharashtra Cooperative Societies Act. Court holds that the Registrar's satisfaction regarding supersession of board is subjective and not open to judicial review unless mala fides or perversity is shown.

17 Oct 2025

The petitioner, Janakalyan Sahakari Bank Limited, a cooperative bank, filed a writ petition challenging the appointment of an administrator by the Dis...

High Court

Bombay High Court Allows Appeal Against Section 9 Order in Arbitration Dispute Over Appointment of Court Receiver. Court holds that appointment of a Court Receiver to take possession of secured assets without considering the balance of convenience and irreparable loss is not warranted under Section 9 of the Arbitration and Conciliation Act, 1996.

26 Sep 2023

The present appeal impugned an order dated 31st August 2023 passed by the Learned Single Judge in a Commercial Arbitration Petition filed by Responden...

Supreme Court

Supreme Court Allows Appeal in Conditional Sale Dispute — Holds That Transaction Was a Sale with Condition of Repurchase, Not a Mortgage. The Court restored the Trial Court's decree dismissing the suit for specific performance, finding that the conditional sale deed dated 5.8.1977 was an out-and-out sale with a condition of repurchase, and the suit filed in 1983 was premature as the condition could only be exercised by July 1984.

4 Jul 2023

The case involves a dispute over a property in Patna. Kishori Lal Sahu, the original owner, along with his son, executed a conditional sale deed dated...

High Court

High Court of Karnataka Quashes Look Out Circular Issued by Bank of Baroda Against Petitioner in Loan Default Case — LOC Held Invalid as Bank is Not a 'Competent Authority' Under the 2021 SOP. The Court Declared that a Look Out Circular can only be issued by a 'Competent Authority' as defined in the Office Memorandum dated 22.02.2021, and a bank does not qualify as such.

16 Mar 2023

The petitioner, Mr. Himayath Ali Khan, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging a Look Out Circular (...

High Court

Bombay High Court Allows Arbitration Petition and Appoints Sole Arbitrator in Kotak Mahindra Bank Ltd v. Williamson Magor & Co Ltd & Anr — Put Option Agreement Dispute. The court found that a valid arbitration agreement existed based on correspondence and conduct, and appointed a former judge as arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.

5 Mar 2021

The petitioner, Kotak Mahindra Bank Ltd, filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an...

High Court

Bombay High Court Dismisses Section 9 Arbitration Petition Against Guarantors Due to Lack of Privity of Contract. Guarantee Deed Not Signed by Petitioner, No Arbitration Agreement Between Petitioner and Respondents.

31 Jan 2020

The petitioner, L&T Finance Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim relief against the...

Supreme Court

Supreme Court Allows Suspended Director Access to Resolution Plans in Insolvency Case — Right to Effective Participation Under IBC. Suspended Board Members Entitled to Receive Resolution Plans and Relevant Documents for Effective Participation in CoC Meetings Under Section 24(3) of IBC and Regulation 21 of CIRP Regulations.

31 Jan 2019

The appeal arose from an Appellate Tribunal's order denying the appellant, a suspended director of Ruchi Soya Industries Ltd. (corporate debtor), acce...

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

Bombay High Court Dismisses Appeal Against Refusal to Revoke Leave Under Clause XII Letters Patent in Summary Suit on Guarantee. Jurisdiction upheld as part of cause of action arose in Mumbai due to disbursement and part payments.

7 Jan 2013

The appeal arose from a summary suit filed by Rabo India Finance Limited (Plaintiff) against Gouri Prasad Goenka (Defendant) based on guarantees execu...

High Court

Bombay High Court Allows SFC Petition for Recovery of Loan Under Section 31(1)(aa) of SFC Act — Default by Borrower Company and Guarantor. The court held that the petitioner, a deemed State Financial Corporation, is entitled to recover the loan amount with interest from the respondent company and the guarantor, and the secured properties can be sold for recovery.

25 Apr 2005

The petitioner, SICOM Limited, a deemed State Financial Corporation under Section 46 of the State Financial Corporation Act, 1951, filed a petition un...

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