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BASHIR AHMAD MUGHAL versus S.M.E. BANK LIMITED THROUGH GENERAL MANAGER


It was claimed that under the Contract Contract Act (IX of 72 18 18 of 18), Sections 128 and 135 of the bank loan guarantee, the obligation of the principals to settle the agreement between the bank and the principal debtor is indebted to the principal debtor. The matter was settled between the bank and the principal debtor. Therefore, his liability as a guarantor was excluded in view of section 135 of the Contract Act, 1872, the validity appellant was barred from taking advantage and availing of section 135 of the Contract Act, 1872, under the Contract Act 1872. In view of section 128, the responsibility of the banking court lenders and guarantors was a broad one that the decision passed by the banking court was legal, fit with the facts and circumstances of the case, and the banking court's decision of the High Court. Did not commit any legal error / defect while justifying the interference and the decree passed by the Banking Court The High Court upheld the use of the jurisdiction, the appeal was dismissed in the circumstances.

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