contesting respondents, which was pledged and
mortgaged by them as guarantee. A specific assurance had been given
by the Directors of the 'Corporate Debtor ... Crores has been paid by the contesting respondents
pursuant to Contract of Guarantee. Thereby, the payment has been made
Company Appeal (AT) (Insolvency
However, admittedly the appellants had
refused to extend the Advance Bank Guarantee despite specific request from
the Corporate Debtor having been made on 10th July ... admittedly the appellant has refused to extend the
Advance Bank Guarantee despite a specific request made by the Corporate
Debtor.
28. It was further stated
Deed of Undertaking. It is submitted that absence of
specific mention of the guarantee in the Information Memorandum is not
material, since Information Memorandum ... privity of a contract of
guarantee - for that is the claim. A guarantee creates a
very specific type of obligation. It undertakes and
assures
claimant may file a claim without invoking
corporate guarantee and the duty of the IRP is only to collate and verify the
claim ... guarantee against the CD was invoked is against settled law as any demand
without reference to the guarantee deed and without specific invocation of
guarantee
have been invoked the guarantee on
05.03.2021 and corporate debtor claim to be in continuous default in
terms of the guarantee agreement dated 03.08.2012.
xvii ... guarantee
agreement dated 03.08.2012 was very specific and limited guarantee
restricted only to ensuring that the credit balance required to be
maintained by Siti Networks
clauses in the Deed of
Guarantee that guarantee was given by the Personal
Guarantor in unequivocal terms and the guarantee amount
Company Appeal ... Clauses of the Deed of
Guarantee, it clearly states that the guarantee was in the
nature of a continuing guarantee. The Guarantor had
agreed that
Ongoing Disputes with DVC OR Specific Order
to DVC to withdraw the case.
Bank Guarantee/Cash as Security Deposit demanded by the
Damodar Valley Corporation ... supply of Power -
Waiver/Stay Approval by specific order by NCLT for Bank
Guarantee/Cash as Security Deposit by DVC against regular
Power Usage
IDBI Bank to take enforcement related action for
invocation of guarantee provided by FIPL. She has further argued
that under clause 4 of the Inter ... Appellant has
submitted that when a guarantee is given in respect of a single
debt or specific transactions, it comes to an end when
execution of the Deed of Guarantee, the Respondent is at liberty to
initiate necessary proceedings for specific performance of the contract or
initiate arbitration ... Mukherjee
that for enforcing the liability under the Guarantee Deed Bank should
initiate proceedings for specific performance of the contract or initiate
arbitration. The statutory
guarantee etc.
5. NBFCs were having only security against specific Plant & Machinery
& personal guarantee of promoters.
6. Resolution Plan has been fully implemented
