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2017 Supreme(Del) 2652

S.RAVINDRA BHAT, YOGESH KHANNA
SANJEEV NARULA – Appellant
Versus
TATA CAPITAL FINANCIAL SERVICES LTD – Respondent


Advocate Appeared:
For the Appellant :Sh. Nakul Mohta and Sh. Johnson Subba, Advocates.
For the Respondent:Sh. Saurabh Kirpal, Sh. Aditya Shankar, Ms. Meghna Mishra, Sh. Rohan Sharma and Sh. Naman Joshi, Advocates.

JUDGMENT :

S. RAVINDRA BHAT, J.

1. The appellant is aggrieved by a judgment dated 10.01.2017 of a learned Single Judge rejecting his objection to the maintainability of execution proceedings filed by the Respondent, Tata Capital Financial Services Limited (hereinafter, also referred to as “Tata Capital”) for the enforcement of an arbitral award.

2. The facts of the case briefly, that Tata Capital sanctioned a term loan to Lilliput Kidswear Ltd. (“Lilliput”, together with Mr. Narula referred to as the “Appellants”) for a tenure of 48 months together with interest and other terms set out in the sanction letter dated 28th July 2011. Sanjeev Narula was a Director of Lilliput at the relevant time. He acted as guarantor and signed a deed of personal guarantee on 28th July 2011 in his personal capacity to secure the loan. The guarantee was furnished in favour of Tata Capital, irrevocably, unconditionally and personally, guaranteeing repayment of all the amounts due and payable by Lilliput under the term loan agreement. As guarantor, Mr. Narula created equitable mortgage of built-up immovable property admeasuring 586.44 sq yards at 94, Block-D, Okhla Industrial Estate, Phase-1, New Delhi (he












































































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