liable for the suit amount having these executed the
continuing guarantee in favour of plaintiff. These clauses are reproduced as
under ... liability of the guarantors continues till the debt is alive. In the
case of such a continuous guarantee, as contended, so long as the account
second document is a letter of
continuity. The letter of continuity states that the promissory note
continues to stand as security so long ... lakhs
and a guarantee bond was also executed guaranteeing the repayment of
amount. The guarantee was a continuing guarantee to the extent of limit
original share certificate and
letter of continuing guarantee of the Directors of Renaissance, the Appellant
herein and their associates etc. The relevant paras ... till
date.
12. That Sh. Sanjay Gambhir stands personal continue guarantee for the
said loan and in case of default the loan amount with interest
guarantee executed by the defendant was in the
nature of a continuing guarantee and that consequently, since the appellant
kept issuing demand notices invoking ... guarantee
furnished by the latter, which according to them was a continuing guarantee
and extended the period of limitation on account of acknowledgement of
debt
limitation. The
guarantee deeds relied by the Corporation do not
constitute continuing guarantee. The liability of the
Company having already been merged with its assets ... guarantee deeds executed by the respondents-2 and 3 is a
continuing guarantee, which binds them for the loan
amount unpaid. The Court under wrong
guarantee executed by the defendant was in the
nature of a continuing guarantee and that consequently, since the appellant
kept issuing demand notices invoking ... furnished by the latter, which according to them was a continuing guarantee
and extended the period of limitation on account of acknowledgement of
debt
guarantee executed by the defendant was in the
nature of a continuing guarantee and that consequently, since the appellant
kept issuing demand notices invoking ... guarantee
furnished by the latter, which according to them was a continuing guarantee
and extended the period of limitation on account of acknowledgement of
debt
Defendant No.1 and had executed a Letter of
Continuing Guarantee in favor of it.
h) It got issued a lawyer notice to the Defendants ... Defendant
No.1 and had executed a Letter of Continuing Guarantee in favour
of their Bank.
10. To corroborate the said oral evidence
entered into the agreement as guarantors with execution of letter
of continuing guarantee.
3 O.S.No. 27272 / 2012
2) Defendants after availing the overdraft ... stocks, books debts and machinery,
Ex.P7 letter of continuing guarantee, which goes to show that
defendants have applied for sanction of loan
stood guarantor
for the defendant no.1, who also executed Continuing Guarantee Deed dated
Suit No.607257/16 Bank of India Vs. Manju Khera Page ... conclusive evidence. It is further stated that the said letter
of continuing guarantee is valid, subsisting and available to the plaintiff for
realization of their