Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

natarajan (advocate)     21 October 2008

laibility of guarantor

the borrower and guarantor executed documentation at the time of borrowing loan from the bank, where as the borrower has executed a rivival letter to the bank  with in three years from the date of borrowal and the guarantor has not executed any more documents- whether borrower and guarantor are liable jointly and severally to pay the said loan amount to the bank, evenafter lapse of three years of execution of guarantee bond by the guarantor.



Learning

 6 Replies

N.K.Assumi (Advocate)     22 October 2008

It all depends on the guarantee bond, but seeing the  majority of the High Court decisions the answer must be NO. See United Commercial bank vs B.M.Mahadeba Babu AIR 1992 karnataka 294 and R.Lilabati's case AIR 1987 karnataka 2 and also the case of Raju Setty vs Bank of Baroda decided by the Kerela High Court as reported in ILR (1991) Kerela 3303. The suit will not be barred against the guarantor.

Murali Krishna (Govt..Employee)     22 October 2008

 It depends upon the guarantee bond you have executed. If in the bond it is specifically mentioned that the bond can be extended for any further time without your consent, it can be extended and you are bound by it. You cannot revoke it. If no such condition exists in the bond, any further extension does not bind you.You may also seek discharge of surity by variance in terms of contract under Sec 133 of Contract Act.

anonymus (confidential)     22 October 2008

thanks for the information and decisions.

natarajan (advocate)     23 October 2008

Mr. Assumi thank u for suggestion and could you plz provide any decisions of supreme court

prof s c pratihar (medical practitioner &legal studies)     23 October 2008

mr assumi has given openion that it will depend on guarantee bond.the terms must be informed where you are responsible.against your will without your consent if anychange is made, it is not a rule of law and you are not bound by new contract.

prof s c pratihar (medical practitioner &legal studies)     23 October 2008

during currency of the guarantee  the creditor must not deal with the principal debtor  behind the guarantee's back so as to make the guarantee more  onerous.the creditor can sue the surety without suing the principal debtor.(M S Amurdhan vs Ttamco's bank  AIR 1963 ker 746)


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register