Legal Question in Credit and Debt Law in India

Sir,

I, Mohan, was a co-surety for a loan to the creditors. Creditors filed recovery case into a court then it filed another case of cheque bouncing into another court to recover principal debtor�s loan in full.

Recently creditor has compromised the case with me into the court where cheque bouncing case was running and he recorded his statement there that �I am authorized to settle the case and I have received a compromised amount against bond no. XXX, as a guarantor there is nothing unsettled and I will not make any claim in future. This settlement is full and final settlement with Mr. Mohan. This settlement will not affect my claim towards the principal debtors and I will remain capable to receive the balance amount from the principal debtors.�

My statement was that "I have paid a compromised amount and there is nothing unpaid and unsettled. I have received my all blank cheques also."

Now the Creditors is threatening me that he will recover the balance amount through the court where first recovery case was running against the same bond no, if principal debtors is unable to repay his full dues. He is saying that surety�s liability cannot be ended without ending principal�s liability.

Please help and suggest if the creditor can revoke his settlement/compromised deed or there is any weak point in the statements.

Thanks and regards

Mohan


Asked on 11/23/15, 12:58 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

23.11.2015

Dear Mohan,

The Creditor cannot revoke or retract his settlement / compromised deed in the eyes of law, and he will not succeed.

Regards,

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Answered on 11/23/15, 2:36 am


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