guarantor liability -societies act

Querist : Anonymous (Querist) 20 May 2011 This query is : Resolved
A Govt Employee has taken loan from T % C society. Another Govt employee is guarantor. Borrower defaulted. Society knows the official address of borrower also. Society has issued recovery notice to the Gurantor office.

Question - Can society do that without first getting amount recovered from Borrower directly or thourgh recovery from his office.

Question - Borrower being a government servant, whetehr recovery from guarantor is valid without first borrower being declared insolvent.

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M.Sheik Mohammed Ali (Expert) 20 May 2011
1.no, if borrower address well known then recover from him that is bye law
2.the society could not recover even insolvent the borrower.

Advocate. Arunagiri (Expert) 20 May 2011
The society is having all such powers to recover money either from the borrower or guarantor or from both.

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