Showing : 1-4 of 4 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 14, 17, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, 14-- Recovery of debts by bank - Proceedings against surety and guarantors - Held, liability of guarantor and principal debtor is co-extensive and not in alternative - Bank has the right to proceed against either for recovery of dues - Bank cannot be compelled to defer its remedy against the sureties..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Constitution of India, 1950, Article 226, 136, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 14, 17-- Recovery of debt by bank - Surety filed writ petition under Article 226 and obtained injunction order from the High Court - Held, that while passing stay order adversely affecting rights of the bank to recover debt, High Court should exercise jurisdiction with great caution, care and circumspect -..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Constitution of India, 1950, Article 226, 136, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 14, 17-- Writ jurisdiction - Recovery of debt by bank - High Court should not pass interim stay order - It should insist the petitioner first to exhaust effective alternative remedy which was available to the petitioner under Section 17 of SARFAESI Act...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Constitution of India, 1950, Article 226, 136-- Writ jurisdiction of High Court - Ordinarily Supreme Court does not interfere with the discretion exercised by the High Court - However, where entertaining writ petition and passing of the interim stay order has the effect of defeating the very object of the legislation enacted by the Parliament..........

Showing : 1-4 of 4 Results