Supreme Court of India · 2002-04-12
Industrial Finance Corporation Of ... vs Thletdc.An&Naonrosr.E Spinning & ...
- Citation / case number
- AIR 2002 SUPREME COURT 1841
- Court
- Supreme Court of India
- Petitioner
- Industrial Finance Corporation Of ...
- Respondent
- Thletdc.An&Naonrosr.E Spinning & ...
- Author
- Umesh C. Banerjee
- Bench
- Umesh C. Banerjee
Judgment text excerpt
The Supreme Court interpreted Section 141 of the Indian Contract Act, establishing that a surety is entitled to all securities held by the creditor against the principal debtor. The Court held that if a creditor loses or parts with such securities, the surety's liability is extinguished to the extent of the value of the lost security. This principle aligns with the equitable doctrine that a surety should not be disadvantaged by the creditor's actions regarding the security.