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december 2015

Supreme Court of India · 2015-12-29

Central Bank Of India vs Virudhunagar Steel Rolling Mills ...

Citation / case number
AIR 2016 SUPREME COURT 191
Court
Supreme Court of India
Petitioner
Central Bank Of India
Respondent
Virudhunagar Steel Rolling Mills ...
Author
Vikramajit Sen
Bench
Shiva Kirti Singh, Vikramajit Sen

Judgment text excerpt

The Supreme Court upheld the findings of the Trial Court and High Court that the personal guarantees executed by Respondent Nos. 2 to 4 were not applicable to liabilities incurred by the Respondent Company prior to the execution of those guarantees on 30.8.1974. The Court emphasized that there was no evidence to establish that the claims in the suit were for advances made after the guarantees were executed. The appeal by the Appellant Bank was dismissed, affirming that the sureties were discharged due to the variation in the original contract as per the principles established in the cited Madras High Court judgments.

Central Bank Of India vs Virudhunagar Steel Rolling Mills ... · Niyam