Search Results for "principal debtor defences"

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Search Results for "principal debtor defences"

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High Court

Bombay High Court Dismisses Application for Arrest of Judgment Debtor in Execution of Foreign Decree — Conversion Rate for Decretal Amount Must Be Determined Before Arrest. The court held that before ordering arrest under Order 21 Rule 37 CPC, the exact amount payable in Indian rupees must be ascertained when the decree is in foreign currency.

13 Aug 2013

The Bombay High Court dealt with three chamber summons arising out of execution proceedings of a foreign decree. The original suit was filed in Englan...

High Court

Bombay High Court Dismisses MSEDCL's Application to Declare Arbitral Award Satisfied as Vexatious and Dilatory. Unilateral Deposit of Disputed Amount Without Decree-Holder's Consent Does Not Discharge Judgment-Debtor Under Section 31 CPC.

13 Mar 2018

The case involves a Chamber Summons filed by Maharashtra State Electricity Distribution Company Limited (MSEDCL), the unsuccessful respondent in an ar...

Supreme Court

Supreme Court Dismisses Appeals by Liquidators Challenging Benami Act Attachment Orders, Upholds NCLAT Ruling that IBC Authorities Lack Jurisdiction to Entertain Challenges to Benami Act Orders During Insolvency Proceedings

24 Feb 2026

The Supreme Court dismissed a batch of civil appeals filed by liquidators challenging provisional attachment orders issued under the Prohibition of Be...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Bar of Limitation — Claim Under Section 7 IBC Held Time-Barred as Debt Arose Before 2006 and Application Filed in 2018. The court held that the Limitation Act applies to IBC proceedings and the application was filed beyond three years from the date of default.

2 Sep 2019

The Supreme Court allowed the appeal filed by M/s Radha Exports (India) Pvt. Limited against the judgment of the National Company Law Appellate Tribun...

Supreme Court

Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

1 Jan 2026

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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 Dismisses Appeal by Guarantors in SFC Act Recovery Case — Directors Held Jointly and Severally Liable for Company Loan. Guarantors Cannot Raise Defences of Principal Debtor Under Section 31(1)(aa) of State Financial Corporation Act, 1951.

26 Feb 2019

The appeal arises from a judgment dated 19th September 2007 passed by the learned Adhoc District Judge, Pune, in Miscellaneous Civil Petition No.859 o...

High Court

Bombay High Court Allows MSFC Petition Under SFC Act for Recovery of Loan Against Borrower and Guarantors — Personal Guarantors Cannot Escape Liability Despite Company's Sickness. The court held that the liability of personal guarantors under Section 31 of the State Financial Corporation Act, 1951 is independent of the borrower's financial condition.

28 Feb 2005

The Maharashtra State Financial Corporation (MSFC) filed a Miscellaneous Petition under Sections 31, 31(1)(aa), and 32 of the State Financial Corporat...

High Court

Bombay High Court Dismisses Criminal Contempt Petition Against Advocate for Alleged Misconduct in Execution Proceedings — No Prima Facie Case of Contempt Made Out. Court Held That Filing of Applications and Alleged Misstatements by Advocate Did Not Constitute Willful Disobedience or Scandalizing the Court Under the Contempt of Courts Act, 1971.

24 Sep 2018

The present reference was made by Miss Huma A. Ansari, the then 3rd Joint Civil Judge Junior Division and J.M.F.C., Aurangabad (the Presiding Officer)...

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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