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april 2015

Supreme Court of India · 2015-04-28

Central Bank Of India vs C. L. Vimala & Ors

Citation / case number
AIR 2015 SC (CIVIL) 1661
Court
Supreme Court of India
Petitioner
Central Bank Of India
Respondent
C. L. Vimala & Ors
Author
Pinaki Chandra Ghose
Bench
Pinaki Chandra Ghose, J. Chelameswar

Judgment text excerpt

The Supreme Court held that the guarantor, C.L. Vimla, was not bound by the settlement agreement reached at the Lok Adalat since she did not sign the joint memo, as required under Section 21 of the Legal Services Authorities Act, 1987. The Court emphasized that the rights of a guarantor cannot be compromised without their consent, and thus the auction sale of the property was set aside. The Court upheld the High Court's decision to allow Vimla's writ petition, thereby protecting her possession of the property.

Central Bank Of India vs C. L. Vimala & Ors · Niyam