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kranthi (retainer advocate)     05 August 2010

civil

Mr. A took a hand loan from Mr.B for an amount of Rs.1,00,000/- for business purpose and executed a promissory note infavour Of Mr.B. And Mr.A is not paid any amount now he is not appearing his family is there.

Here Mr.C has to pay an amount of Rs.80,000/- to Mr.A and executed a pronote in favour of Mr.A. Here Mr.C Is ready to pay the Rs.80,000/- to Mr.B

Can Mr.B take that amount from Mr.C ? And what procedure to be followed? Is It Valid discharge on the part of Mr.C?



 3 Replies

Bobby Mani T (Lawyer)     05 August 2010

It is better to file a case agaist mr A and make C a party and obtain a garneshee order.  Then only it will be a proper discharge of Mr. C's loan

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     05 August 2010

Yes. Mr B can take the amount from C.

A receipt acknowledging the payment by C towards liability of A to B will do and it is sufficient.

 

 

sangam kumar (Web Maseter)     04 August 2012

 

 

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