vinodray parmar (professor) 02 June 2012
I am one of the two guarantors for one of my colleagues who had signed bond for higher study leave.
Now that person has left the Institute and joined elsewhere.
There is a dispute between Management and the person who left about applicability of bond. One who left claims that the said bond is not applicable to him under prevailing conditions.
Can Institute ask the guarantor to pay the bond amount without resolving the dispute, whether bond is applicable or not?
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 02 June 2012
Dear Querist,
It's very difficult to comment unless one goes through the exact terms of the contract of guarantee. Normal rule is that guarantor/surety's liability is co-extensive with that of principal debtor i.e your friend in the present case.
Feel free to discuss with exact text of bond !
A.P.Loganathan (advocate Madras High Court) 03 June 2012
I agree with Adv Bharat chugh. In addtiional to that, the guarantor/surety after paying that amount, he is entitiled to claim the same amount from the priniciple debtor
Adv A.P.Loganathan
Madras High Court
Sudhir Kumar, Advocate (Advocate) 28 June 2014
Can Institute ask the guarantor to pay the bond amount without resolving the dispute, whether bond is applicable or not?
Ans : If institute believe that bond is binding then they can pay and it is for th guarantor to prove that the bond is not applicable.
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