https://www.taxtmi.com/caselaws?id=236989 A summary suit founded on a written acknowledgment and rescheduling agreement may proceed where the defendants fail to show a bona fide triable issue, and a sham or unsupported plea of fraud will not justify leave to defend. The continuing guarantee remained enforceable because the contractual documents preserved the guarantors' liability despite indulgence to the principal debtor and expressly continued the guarantees until full payment, including after a guarantor's death. On that basis, the admitted liability was recoverable with contractual interest at the agreed rate until realization. en-us Tue, 13 Aug 2013 00:00:00 +0530 Fri, 06 Sep 2013 10:37:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=236989 A summary suit founded on a written acknowledgment and rescheduling agreement may proceed where the defendants fail to show a bona fide triable issue, and a sham or unsupported plea of fraud will not justify leave to defend. The continuing guarantee remained enforceable because the contractual documents preserved the guarantors' liability despite indulgence to the principal debtor and expressly continued the guarantees until full payment, including after a guarantor's death. On that basis, the admitted liability was recoverable with contractual interest at the agreed rate until realization. Case-Laws Companies Law Tue, 13 Aug 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=236989