SANJAY KAROL, S.KUMAR
Hari Narayan Sinha – Appellant
Versus
State Of Bihar – Respondent
The section in question pertains to the provisions of the Indian Contract Act, 1872, specifically related to guarantees and indemnities. It discusses the legal nature of a contract of guarantee, including the roles of the surety, principal debtor, and creditor, as well as the liability of the surety being co-extensive with that of the principal debtor unless otherwise specified (!) .
The section also elaborates on the concept of a continuing guarantee, which extends to a series of transactions, and highlights the rights of the surety to revoke such a guarantee through notice or upon the surety's death (!) (!) (!) .
Furthermore, it emphasizes that the liability of the surety is not discharged by actions or inactions of the creditor or principal debtor unless explicitly provided for or resulting from specific circumstances such as discharge, variation of contract, or performance by the surety (!) .
The section clarifies that the initiation of legal proceedings by the creditor under specific statutory provisions does not automatically bar the claim or alter the period of limitation, especially in the context of a continuing guarantee. Instead, the period of limitation begins from the date when the contract is broken or the guarantee is deemed to have been breached, which, in the case of a continuing guarantee, is generally when the account is settled or when the obligation is otherwise discharged or modified (!) (!) .
In summary, the section underscores that the period of limitation for a claim under a guarantee, particularly a continuing guarantee, is determined by the date of breach or the date when the guarantee's obligation is deemed to have been discharged, rather than the date of the initial agreement or proceedings initiated by the creditor.
JUDGMENT
Sanjay Karol, C.J. - Whether the action of the Creditor for recovering the dues against the guarantor under Section 32G of the State Financial Corporation, 1951 ( hereinafter referred to as the SFC Act) is within the period of limitation or not? is the issue which arises for consideration in the present appeal.
2. Creditors' action in initiating such proceedings stands affirmed by the learned Single Judge. His opinion rendered in terms of the impugned judgment dated 2nd December, 2009 in CWJC No.10565 of 2008 titled as Hari Narayan Sinha Versus The State of Bihar & Ors. is a subject matter of consideration in the present appeal, preferred under Clause 10 of the Letter Patent Constituting the High Court of Judicature at Patna.
3. We need not go into the extent or scope of power in the exercise of jurisdiction under the Letter Patent Constituting the High Court of Judicature at Patna, for it not to be an issue in question.
4. We also need not go into the scope of an inquiry or the applicability of the provisions of Section 32G of the State Financial Corporation, 1951, for petitioner/appellant does not lay any challenge to the same, perhaps rightly so, given the discussions and t
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