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ashok kumar (b)     04 November 2018

Personal guarantee for a loan of a company

Invested in a private limited company in the year 2013 with an equal investment of 33% share holding in a rice mill as a director alongwith 3 other directors and share holders wherein the company availed a Term Loan and a Cash Credit Loan from a bank.But, after 2 years i and another director with equal share holding of 33% were over looked and kept in the dark by the other 2 directors holding only 16.50% each share holding by taking all decisions independently such as appointing their family members as directors,embezzlement of funds,mis management & cheating,not inviting us for board meetings etc.We were not made to   understand that they were getting a personal guarantee signed by us still after providing a colateral security in shape of a Fixed Deposit as well as the entitre share holding mortgaged to the bank.Apart from inducting directors without our consent and knowledge they have recently changed the name of the company which could be known yo us after checking in the ROC site only.The company has been declared NPA IN OCTOBER END and now they have been threatening us with goons to surrender our shares and colateral given to the bank SBI as the bank is hand in glove with them and has got a share of the loot by them. Recently the bank sent us letters with old dates of 45 days and 30 days thru speed post and now again have sent us letters over mail.Could we approach any vigilance department at the bank as they have not been sharing photo copys of the documents signed by us, as some personal worth declarations forged & signed on stamp papers have been submitted to SBI as per my knowledge by the 2 directors.How could we get a xerox copy of all the documents signed by us as claimed by the bankers available in their records/files so that we could verify the same.FINALLY we understand that the personal guarantee taken by the bank should be renewed every year, but they have not approached us in the last 4 years or culd be our signatures have been forged and submitted to the bankers in collusion with the Bank Manager.Need the experts advice & help.   

 



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 6 Replies

G.L.N. Prasad (Retired employee.)     04 November 2018

When you have executed a guarantee in your personal capacity, what ever may be the reasons your personal assets are at stake whether mortgaged or not.  All these essay against the Bank and other directors may be true and may be part of your story, but this in no way can relieve you from guarantor's obligations.

This is not a simple matter than can be sought through on line guidance.  As high stake is involved and that too with the largest bank having thousands of legal force, it is proper to entrust this matter to a professional advocate who is experienced in company affairs and bank borrowings, before it is too late.  Now that you have to offer a suitable reply to Bank with your stand, let it be drafted by professionals.   There is no use of thinking the past, as you are negligent in taking proper precautions to look after your own interests and your family interests.

Shashi Dhara   04 November 2018

If Ur sign is forged then u lodge criminal complaint against them.u have bliendly believed them.u carefully handle the situation.approach an eminent legal advocate &engage him to plead on behalf of u. U may get relief.

P. Venu (Advocate)     05 November 2018

Yes, the matter requires professional consultation.

Arvind Mohan (DGM (Retired))     05 November 2018

I agree with the opinion of Mr G L N Prasad

Arvind Mohan (DGM (Retired))     05 November 2018

I agree with the opinion of Mr G L N Prasad

ashok kumar (b)     05 November 2018

Would like to thank all of the learned people by heart and soul fir their guidance and support.Thanks once again

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