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november 2016

Supreme Court of India · 2016-11-15

IDBI TRUSTEESHIP SERVICES LTD. vs HUBTOWN LTD.

Citation / case number
SC 2015/33244
Court
Supreme Court of India
Petitioner
IDBI TRUSTEESHIP SERVICES LTD.
Respondent
HUBTOWN LTD.
Author
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
Bench
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE KURIAN JOSEPH

Judgment text excerpt

The Supreme Court addressed the enforceability of a Corporate Guarantee in the context of a Summary Suit under the provisions of the Indian Contract Act, 1872. The Court held that the Debenture Trust Deeds, which included the Corporate Guarantee, were valid and enforceable, affirming the rights of the debenture trustee to recover amounts due under the guarantee. The appeal was allowed, reinforcing the legal principle that a corporate guarantee is binding when executed in accordance with statutory requirements.

IDBI TRUSTEESHIP SERVICES LTD. vs HUBTOWN LTD. · Niyam