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When a Court has to decide whether a person has really guaranteed the due performance of the contract by the principal debtor, all the circumstances concerning the transaction will have to be necessarily considered. Court cannot adopt a hyper technical attitude that the guarantor has not signed the agreement and so he cannot be saddled with the liability-P.J. Rajappan Vs. Associated Industries (Pvt.) Ltd. & another – Kerala High Court Case Laws-SARFAESI-High Courts, IBC-Case Laws-High Courts, Indian Contract Act-Case Laws
A scheme sanctioned by the Court u/s 391 & 394 of the Companies Act, 1956 was binding on the creditors whether such creditors assented to it or not. A contract between the creditor and the principal debtor by which the creditor compounds with the principal debtor, discharges the surety-Shri Kundanmal Dabriwala Vs. Haryana Financial Corporation and another -Punjab & Haryana High Court Case Laws-SARFAESI-High Courts, Companies Act-High Courts, IBC-Case Laws-High Courts, Indian Contract Act-Case Laws
The surety’s obligation to pay would arise immediately on default committed by the principal debtor and once a cause of action against the surety has arisen the commencement of the running of time is not further postponed till the making of a demand-Montosh Kumar Chatterjee v Central Calcutta Bank Ltd.-Calcutta High Court Case Laws-SARFAESI-High Courts, IBC-Case Laws-High Courts, Indian Contract Act-Case Laws
Innovative Industries Limited. Vs. Union of India and others- Bombay High Court IBC-Case Laws-High Courts
Whether the Company Court has the exclusive jurisdiction to adjudicate applications instituted under the provisions of Section 391 of the Companies Act, 1956, in relation to the revival of a Respondent Company in provisional liquidation, subsequent upon coming into force of the subject notification, w.e.f. 15.12.2016. – Sunil Gandhi & Anr. Vs. A.N. Buildwell Pvt. Ltd. – Delhi High Court Companies Act-High Courts, IBC-Case Laws-High Courts
Natural Justice before NCLT – Sree Metaliks Limited and Anr. (Corporate Debtor) Vs. Union of India & Anr.- High Court of Calcutta IBC-Case Laws-High Courts
Falcon Tyres Ltd. Vs. Edelweiss Assets Reconstruction Co. Ltd. – Karnataka High Court IBC-Case Laws-High Courts
