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april 2002

Supreme Court of India · 2002-04-12

INDL. FINANCE CORPN. OF INDIA LTD. vs CANNANORE SPG. & WVG. MILLS LTD. .

Citation / case number
SC 1994/14090
Court
Supreme Court of India
Petitioner
INDL. FINANCE CORPN. OF INDIA LTD.
Respondent
CANNANORE SPG. & WVG. MILLS LTD. .
Author
Y.K. SABHARWAL UMESH C. BANERJEE
Bench
Y.K. SABHARWAL UMESH C. BANERJEE

Judgment text excerpt

The Supreme Court interpreted Section 141 of the Indian Contract Act, affirming that a surety is entitled to all remedies available to the creditor against the principal debtor, including the enforcement of securities. The Court held that if a creditor loses or dissipates the security, the surety's liability ceases to the extent of such loss. This principle aligns with previous rulings, including State of Madhya Pradesh v. Kaluram, emphasizing the importance of securities in suretyship agreements.

INDL. FINANCE CORPN. OF INDIA LTD. vs CANNANORE SPG. & WVG. MILLS LTD. . · Niyam