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january 2012

Supreme Court of India · 2012-01-20

M/S.H.D.F.C. vs GAUTAM KUMAR NAG .

Citation / case number
SC 2005/24302
Court
Supreme Court of India
Petitioner
M/S.H.D.F.C.
Respondent
GAUTAM KUMAR NAG .
Author
Aftab Alam
Bench
RANJANA PRAKASH DESAI AFTAB ALAM

Judgment text excerpt

The Supreme Court addressed the appeal against the Delhi High Court's order allowing the respondents to file written statements in a suit under Order XXXVII of the Code of Civil Procedure, 1908. The Court held that the respondents' claim of being absolved of liability under Section 139 of the Indian Contract Act due to the execution of a promissory note and equitable mortgage did not constitute a substantial defense. The Court ultimately upheld the trial court's decision, emphasizing the enforceability of guarantees in loan agreements.

M/S.H.D.F.C. vs GAUTAM KUMAR NAG . · Niyam