Supreme Court · 2008 INSC 353 · Decided 13 March 2008

Karnataka State Financial Corporation v. N. Narasimahaiah and ORS.

Court
Supreme Court of India
Citation
2008 INSC 353 · [2008] 4 S.C.R. 853
Case number
CIVIL APPEAL No. 610/2004
Decided
13 March 2008
Bench
S.B. SINHA, LOKESHWAR SINGH PANTA (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution Article 14, 12; Contract Act Section 128; Transfer of Property Act Section 69

Headnote

A B ·~ State Financial Corporations Act, 1951: s.29 - Jurisdiction of Corporation to proceed against surety/guarantors under s. 29 - Held: Corporation cannot C proceed against the surety under s. 29 - Right of Corporation in terms of s. 29 must be exercised only on There cannot be any default as is envisaged in s.29 by a surety or a guarantor- Liability of surety or guarantor to repay the loan of the principal debtor arises only when a default is D made by the latter. s. 29 - Object of - Held: Is to expeditiously realize the dues of the Corporation - s. 29

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