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take over the possession
of the mortgaged property of the Guarantor-writ petitioner under
Section 29 of the State Financial ... take over the possession of the mortgaged
property of the guarantor and sell the same, then also the said, right
Gauhati High Court
question
that arises for consideration is whether a guarantor's property
which had been mortgaged with the Corporation ... Allahabad High Court argues with vehemence that a guarantor's
property cannot come within the purview of Section
Bombay High Court
that this Court, in a case where the guarantor's
property was threatened to be dispossessed under Section ... Though the petitioner is
tenant of the guarantor's property, the same situation would remain
for the exercise
Gujarat High Court
proceedings against the petitioner herein who is the guarantor and the property given as security is proceeded against and brought ... provides for the same power against the property of the guarantor but with the permission of the court.
9. Apex
Madras High Court
against the guarantor without proceeding
against the mortgaged property-Whether guarantor can be sued
without even suing the principal debtor ... against
the principal debtor and the guarantor and also against the
mortgaged property of defendent No. 2, and therefore, since
Supreme Court of India
them. It was argued that these properties belonged to
the guarantors and, therefore, considering the language of
Section ... interim order
in so far as the guarantors' properties were concerned. The
order of the learned single Judge was carried
Supreme Court of India
them. It was argued that these
properties belonged to the guarantors and, therefore, considering the
language of Section ... interim
order in so far as the guarantors properties were concerned. The order
of the learned single Judge was carried
Supreme Court of India
subsequently says that even if he is a
guarantor properties of the borrower have to be dealt with
first ... very clear. Action against the
guarantor cannot be taken until the property
of the principal-debtor is firs sold
Supreme Court of India
Financial Corporation is empowered to
proceed against the property of the guarantor/surety for realisation of
the loan borrowed ... Financial
Corporation can take possession of the mortgaged property of a
guarantor under Section 29 of the Act, but cannot
Madras High Court
position, it is evident that if any
property of the petitioners as guarantors was mortgaged, then the
respondent ... other hand, if no property of the petitioners
as guarantors was mortgaged, then it was open to the respondent
Allahabad High Court
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