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    <title>2014 (2) TMI 1440 - BOMBAY HIGH COURT</title>
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    <description>A sanctioned compromise scheme did not, on these facts, discharge the guarantor because the guarantor was a confirming party to the tripartite arrangement and had consented to the variation in the original lending terms. The law of guarantee therefore left the surety&#039;s liability co-extensive with the principal debtor&#039;s, and the discharge provisions in Sections 133, 134 and 135 of the Indian Contract Act, 1872 were not attracted. The Companies Act scheme did not by itself extinguish the creditor&#039;s rights against the surety, unless the guarantee contract so provided. The request to delete the condition preserving the creditor&#039;s right against the guarantor was rejected.</description>
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    <pubDate>Wed, 26 Feb 2014 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=459711</link>
      <description>A sanctioned compromise scheme did not, on these facts, discharge the guarantor because the guarantor was a confirming party to the tripartite arrangement and had consented to the variation in the original lending terms. The law of guarantee therefore left the surety&#039;s liability co-extensive with the principal debtor&#039;s, and the discharge provisions in Sections 133, 134 and 135 of the Indian Contract Act, 1872 were not attracted. The Companies Act scheme did not by itself extinguish the creditor&#039;s rights against the surety, unless the guarantee contract so provided. The request to delete the condition preserving the creditor&#039;s right against the guarantor was rejected.</description>
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