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1 - 10 of 16 (0.26 seconds)Section 130 in The Indian Contract Act, 1872 [Entire Act]
Section 128 in The Indian Contract Act, 1872 [Entire Act]
Industrial Investment Bank Of India Ltd vs Bishwanath Jhunjhunwala on 18 August, 2009
This Court has carefully gone through the aforesaid
judgment. There cannot be any iota of doubt in respect of the
law laid down by the apex Court. However, the fact remains
that in the present case the guarantee was a conditional
guarantee and it has come to an end the moment M/s. Suman
Agritech Ltd., (borrower) has started commercial production
and, therefore, the judgment relied upon by the learned
counsel for the respondent is of no help to the respondent
Bank.
Kerala State Electricity Board & Anr vs Kurien E.Kalathil & Ors on 19 July, 2000
The respondents have also placed reliance upon the
judgment delivered in the case of Kerala State Electricity
Board Vs. Kurien Kalathil and others reported in (2000) 6
SCC 293 on the ground of availability of alternative remedy.
This Court is of the considered opinion that alternative
remedy is not an exclusive bar and in the present case, the
petitioner cannot be thrown out on the basis of availability of
alternative remedy as the Bank is proceeding against the
petitioner and has marked lien on the account of the
petitioner even though the guarantee provided by the
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Harbanslal Sahnia And Anr. vs Indian Oil Corpn. Ltd. And Ors. on 20 December, 2002
petitioner has come to an end on account of commencement
of commercial production. This Court does not find any
reason to deny relief to the petitioner on the ground of
availability of alternative remedy. The apex Court in the case
of Harbanslal Sahnia Vs. Indian Oil Corporation Ltd.,
reported in (2003) 2 SCC 107 has held as under :