A.M.KHANWILKAR
SICOM Limited – Appellant
Versus
Harjindersingh & others – Respondent
Certainly. Based on the provided legal document, here are the key points:
The suit is filed for recovery of loans (term, corporate, and short-term) against four defendants who are guarantors for a company that defaulted on repayment (!) (!) .
The plaintiffs have amended their claim to exclude penal interest and now seek recovery based on permissible interest, with the total claim amounting to a specified principal and interest sum, including future interest at 18% per annum (!) .
The defendants raised multiple defenses, including:
The claim for interest lacks a proper basis or calculation method.
The court found that:
The defendants' defenses regarding jurisdiction, limitation, and enforceability were rejected.
The court granted conditional leave to the defendants to defend, requiring them to deposit the claimed amount within three months. If the deposit is made, the suit may be transferred to a commercial court; otherwise, the suit will be decreed for the claimed amount with interest (!) (!) .
The court emphasized that the liability of the guarantors is co-extensive with that of the principal debtor and that the enforcement of the guarantee does not depend on prior enforcement against the principal debtor, especially in the case of a continuing guarantee.
The court dismissed the defendants' contentions regarding the lack of jurisdiction, limitation, and procedural deficiencies, affirming the enforceability of the guarantee and the plaintiffs' right to proceed with the suit.
Please let me know if you need further analysis or specific legal advice related to this case.
"(a) that the defendants be jointly and severally ordered and decreed to pay the plaintiffs a sum of Rs. 1,56,86,428/- under the said Term Loan as per Particulars of Claim being Exhibit 'F-1' with fu
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