Supreme Court · 2009 INSC 1053 · Decided 18 August 2009

Industrial Investment Bank of India LTD. v. Bishwanath Jhunjhunwala

Court
Supreme Court of India
Citation
2009 INSC 1053 · [2009] 13 S.C.R. 391
Case number
CIVIL APPEAL No. 4613/2000
Decided
18 August 2009
Bench
DALVEER BHANDARI, H.L. DATTU (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 227; Specific Relief Act

Headnote

A B Debt - Recovery of - Liability of guarantor vis-a-vis principal debtor - Default in loan payment - Lending Bank initiating proceedings against principal debtor as well as C guarantor in different forums - High Court in exercise of jurisdiction under Article 227 of Constitution proceedings before Tribunal till the right of the lending Bank was established against the principal debtor - On appeal, held: Order of High Court not justified - Liability of guarantor D and principal debtor are co-extensive and not alternative - Industrial Reconstruction Bank of India Act, 1984

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