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This is an archive article published on October 23, 2007

SC notice to finance company for harassing guarantor

The Supreme Court on Monday issued notices to the West Bengal Government and a finance company in a case relating to alleged harassment of a guarantor...

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The Supreme Court on Monday issued notices to the West Bengal Government and a finance company in a case relating to alleged harassment of a guarantor for recovery of loan amount. A Bench comprising Justices P P Naolekar and Dalveer Bhandari sought replies on a writ petition filed by the guarantor, who stood guarantee for his brother who had taken a loan for purchase of goods vehicles. The brother had stopped payments after few installments and surrendered the vehicles. The vehicles were sold by the finance company without informing the guarantor.

The petitioner alleged that the Kolkata-based Magma Leasing Company is harassing and humiliating him in clear violation of settled law and directions by Supreme Court on recovery of loans.

Stating that the guarantor cannot be humiliated when the loan amount has already been realised from the principal borrower, the petitioner submitted that the company cannot employ pressure tactics for recovery of loans in violation of the Supreme Court judgement in the ICICI Bank case.

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