3 weeks ago
Allahabad High Court: Banks Can Recover Full Dues From Guarantors
When someone borrows money from a bank, another person sometimes promises to pay it back if the borrower cannot.
That person is called a guarantor.
A bank in India asked a court for help because a borrower did not repay his loans.
The court said the guarantor is just as responsible for the money as the borrower.
The bank can ask the guarantor to pay everything, even before it tries hard to get money from the borrower.
A small part of the guarantors' salaries was being taken every month to pay the debt.
The guarantors said this was not fair and went to court.
The court said it was allowed because of an old law called the Indian Contract Act.
This law says a guarantor's promise is as strong as the borrower's promise.
So the guarantors must pay, but later they can ask the borrower to give the money back to them.
The Allahabad High Court ruled banks can recover unpaid loan dues directly from guarantors when the main borrower defaults.
The court said lenders do not have to first complete recovery proceedings against the borrower before acting against the guarantor.
Citing Section 128 of the Indian Contract Act, 1872, the court held a guarantor's liability is equal to the borrower's unless the agreement says otherwise.
The ruling dismissed petitions by guarantors Vineet Pandey and Anoop Kumar Mishra challenging monthly salary deductions of Rs 10,000.
After paying the bank, guarantors can legally seek repayment or contribution from the principal borrower.
- Who
- The Allahabad High Court's Lucknow bench of Justices Shekhar B Saraf and Abdhesh Kumar Chaudhary, guarantors Vineet Pandey and Anoop Kumar Mishra, borrower Vikrant Dubey, and UP Postal Primary Cooperative Bank Ltd.
- What
- The court ruled that banks can recover full loan dues directly from guarantors without first pursuing the borrower.
- Where
- Prayagraj, India, at the Allahabad High Court (Lucknow bench).
- When
- The ruling came when the court dismissed the petitions; the loans were taken by the borrower during 2022-23.
- Why
- Section 128 of the Indian Contract Act, 1872 makes a guarantor's liability equal to that of the principal borrower.
Key facts
- Court
- Allahabad High Court (Lucknow bench)
- Justices
- Shekhar B Saraf and Abdhesh Kumar Chaudhary
- Legal provision
- Section 128, Indian Contract Act, 1872
- Petitioners
- Vineet Pandey and Anoop Kumar Mishra
- Borrower
- Vikrant Dubey
- Lender
- UP Postal Primary Cooperative Bank Ltd
- Loans (2022-23)
- Festival loan Rs 50,000; short-term loan Rs 3 lakh; personal loan Rs 18 lakh
- Monthly salary deduction
- Rs 10,000 from each guarantor











