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.