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april 2002

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.

Industrial Finance Corporation Of ... vs Thletdc.An&Naonrosr.E Spinning & ... · Niyam