UMESH C.BANERJEE, Y.K.SABHARWAL
Industrial Finance Corporation Of India LTD. – Appellant
Versus
Cannanore Spinning And Weaving Mills LTD. – Respondent
What is the effect of Section 141 of the Indian Contract Act on a guarantor when the creditor dissipates or parts with the creditor’s securities? What is the relationship between the Sick Textile Undertakings (Nationalisation) Act, 1974 and the liability of guarantors under a pre-existing guarantee? Whether the Nationalisation Act or related statutory actions can discharge or alter the liability of the guarantor or affect the creditor’s right to proceed against guarantors under a continuing guarantee?
Key Points: - (!) (!) - (!) (!) - (!) (!) - (!) (!) - (!) (!)
JUDGMENT
Banerjee, J.-The general rule of equity expounded by Sir Samuel Romilly as counsel and accepted by the Court of Chancery in Crythorne v. Swinburne (1807) 14 Ves. 160, that the surety will be entitled to every remedy which the creditor has against the principal debtor, including the enforcement of every security stands statutorily recognised and incorporated in Section 141 of the Indian Contract Act as regards the discharge of a surety from liability, when the creditor parts with or loses the security held by him with, however, an insignificant variation to the effect that the surety is entitled to the securities given to the creditor, both before and after the contract of surety.
2. It is on this score thus Section 141 of the Act ought to be noticed at some length more so by reason of the same being the sheet-anchor in support of Respondents presentation before this Court in the instant appeal to the effect that the surety is entitled to the securities given to the creditor, both before and after the contract of surety and in the event the same stands dissipated then and in that event there is cessation of liability to the extent of such dissipation or extinction. An indee
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