Supreme Court · 1969 INSC 248 · Decided 17 September 1969

PUN.JAB National Bank Limited v. Bikram Cotton Mills & ANR.

Court
Supreme Court of India
Citation
1969 INSC 248 · [1970] 2 S.C.R. 462
Case number
CIVIL APPEAL No. 1957/1966
Decided
17 September 1969
Bench
J.C. SHAH, A.N. GROVER (2-judge bench)
Outcome
Remitted to Lower Court
Case type
Civil
Acts & sections cited
Contract Act Section 126; Companies Act Section 39, 391

Headnote

Contract Act 1872, s. 126-Coinpany director executing bond to repay 'u'timate balance' found due frofn co1npany to Bank on cash~credit account--Sinn1ltaneously other docun1ents executed by conzpany under­ taking repayment-If bond inde11znity or co111rac/, of guarantee-Whether suit by Bank 39!-Sclzeme of composition between con1- pany and creditors-If binding on dissenting creditors. The ti:rst respondent company openeQ a cash~credit account with the appellant bank and on June 7, 1953 to secure repayment of the balance due at the foot df the account the first respondent company

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