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Showing contexts for: unsigned statement in Sh. Shashipal Singh vs M/S Paisalo Digital Ltd on 31 October, 2022Matching Fragments
sanction or disbursement documents of respondent no. 1/claimant to these applicants for loan have been filed along with the Statement of Claim laid before Ld. Sole Arbitrator nor even in the said unsigned Statement of Account of petitioner in books of respondent no. 1/claimant company is there even any whisper of any name of any of such borrowers/applicants for loan.
15. Ld. Counsel for respondent no. 1 relied upon the case of Industrial Investment Bank of India Ltd. Vs Biswanath Jhunjhunwala, Civil Appeal No. 4613 of 2000 decided on 18/08/2009 by the Supreme Court. It was inter alia held therein that the legal position as crystallized by a series of cases of Supreme Court was clear that the liability of the guarantor and principle debtors are co-extensive and not in alternative. In terms thereof it was incumbent upon the financier/respondent no. 1/claimant to arraign as respondents, the borrowers, to whom the loan was sanctioned and disbursed by respondent no. 1/claimant after forwarding of their loan applications by the petitioner/Field Manager and in terms of the alleged agreement dated 03/07/2016 inter se petitioner and respondent no. 1/claimant, as Field Manager the petitioner had allegedly stood guarantor. Present case is the case where there was no evidence laid before Ld. Sole Arbitrator of any names, particulars of borrowers or loan applications forwarded by petitioner/Field Manager to respondent no. 1 for grant of loans as financier nor in continuation thereof there was any document laid before Ld. Sole Arbitrator for sanction or disbursement of loan to such applicants/borrowers.