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sairam (owner)     04 September 2012

Case against borrower

Hello lawyers,

i am a guarantor to a loan to one of my friend. and  now my salary is being attached 5 thousand per month.

i want to have stay on this and have also applied in the high court [ writ petition]

but the court is asking one lac rupes deposit . now i have few queries as follows

can i ask borower to pay this deposit by law?

he has paid the same amount to get stay for his own flat.

can i file a petition  with two request related to same case as

1. to vacate his stay on his property

2 to get stay on my salary attachment

because loan amount is same as his flat cost.

i am the the only guarantor to his loan what can bank do against me as i am govt. servant

can i lose my job?



Learning

 4 Replies

Anish Thakur 7018812737 (advocate)     04 September 2012

respected querist,

it is cleared in banking law and various SC judgements that guarantor is totally responsible to pay the left loan and he had no remedy for excuse for payement of loan.

sairam (owner)     04 September 2012

Hello again.... agreed....but my query is still not answered.

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     04 September 2012

Hi , Your no  writ or stay request will be entertained by any level of court , because you are equailant to co - borower .

Till your salary is availabe there , no body to vacate his house or stop deductions from your salary . 

I think you quaries are well answered.

sairam (owner)     04 September 2012

hi.....

but my writ is accepted by the court and borrower's flat ,he can get stay on the auction .....how come 

and i have seen in the court people getting stay

my query was should the borower pay the deposit 

and 2 requests in a petition


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