UV ASSET RECONSTRUCTION COMPANY LIMITED versus ELECTROSTEEL CASTINGS LIMITED

Case summary from SCR

Issue for Consideration Issue pertains to the interpretation of Clause 2.2 of Deed of Undertaking executed between SREI-original creditor, which subsequently assigned all its rights and interests in favour of the appellant; ESL-borrower; and ECL-erstwhile promoter of ESL and obligor in and whether Clause 2.2 constitutes a contract of guarantee within the meaning of s.126 of the Contract Act, 1872 thereby rendering ECL as a guarantor to SREI in respect of financial facilities availed by ESL from SREI. Headnotes† Insolvency and Bankruptcy Code, 2016 –