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1 - 10 of 13 (0.20 seconds)D.Purushotama Reddy & Anr vs K.Sateesh on 1 August, 2008
14. Judgment D.Purushotama Reddy & Anr. Vs. K. Sateesh (Supra)
filed by the appellant is not applicable to the facts and circumstances of the
present case as in that case Ld. Trial Court did not take into account the
sum already recovered by the plaintiff as compensation in terms of Section
357 Cr.PC. In the present case plaintiff/respondent no. 1 is seeking for
recovery of balance amount which remained due after adjusting the amount
already recovered by the respondent no. 1 in criminal proceedings under
Section 138 Negotiable Instrument Act against respondent no. 2.
Reliance Industries Limited vs Adarsh Packers Pvt. Ltd. And Ors. on 1 December, 1997
In view of judgment Reliance Industries Limited Vs. Adarsh
Packers Pvt. Ltd. & Ors. (Supra), the suit under Order 37 CPC on the basis
of verbal guarantee is maintainable. As per Section 128 of Indian Contract
Act verbal guarantee is as good as written guarantee. It is also settled
proposition of law that liability of surety/guarantor is coextensive that is of
the borrower. And appellant being guarantor of respondent no. 2 cannot
escape from liability. There is no illegality or infirmity in the findings of the Ld.
Trial Court and the suit of the plaintiff/respondent no. 1 has been rightly
decreed by the Ld. Trial Court.
Section 128 in The Indian Contract Act, 1872 [Entire Act]
The Indian Contract Act, 1872
Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
New Bank Of India vs Master Steel Marketing Co. on 8 August, 1995
17. Judgment New Bank of India Vs Master Steel Marketing Co.,
PLR 1995 111 Del 45 Delhi High Court filed by Ld. Counsel for appellant is
not applicable to the facts and circumstances of the present case as in that
case defendants were never supplied the copy of plaint and documents
whereas in the present case summons for appearance has been sent to
appellant several times but could not be served and lastly she was served by
way of affixation. The address mentioned by the appellant in the present
appeal is the same that is the mentioned by the plaintiff/respondent no. 1 in
her suit.