Legal Question in Banking Law in India

Guantor's Liability

I acted as a guarantor with two other people for a colleague's loan and now he has defaulted. The chit fund company is asking me to pay the entire amount to avoid taking this matter to court. What are my options in this case? Can i pay only what is my portion of the liability & insist that the company contact the other two guarantors for the rest? What happens if the other people are not traceable or unwilling to pay? Pls advise


Asked on 6/14/09, 2:23 pm

5 Answers from Attorneys

Pranav Desai PD Legal & Associates

Re: Guantor's Liability

You should pay and recover the money from the other guarantors.

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Answered on 6/18/09, 5:16 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Guantor's Liability

The lender is entitled to recover from all or any of the borrowers/guarantors.

If you are made to pay, you may recover the same from the borrower.

However, you may not be able to avoid the liability nor you may insist upon proportionate payment.

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Answered on 6/14/09, 11:55 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Guantor's Liability

Everything depends upon lender but if you pay total amt you can recover the same from borrower and other gurantors.

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Answered on 6/15/09, 1:21 am
J. Radhakrishnan independent Practice

Re: Guantor's Liability

The chit company can recover the whole amount from you alone. The best thing for you is to pay the dues and you get subrogated to the rights of the chit company and can sue the main borrower and other guarantors for the amount you paid. No question of apportioning the amount among the guarantors. Each is liable for the whole amount. If they are not traceable, you lose, that is all. If you have their last known address, after satisfying the chit company, receive from them all the documents and file a suit against the main borrower and other guarantors.

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Answered on 6/15/09, 9:06 am
RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

Re: Guantor's Liability

all you guarantors are jointlyy and severally liable to pay the amount

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Answered on 6/15/09, 11:19 am


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