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Can bank do EMI deduction from surety's salary


19-Oct-2023 (In Banking / Finance Law)
I had been surety for a friend who had taken 2 Term Loan and 1 CC total of 95 lakh+ from a saahakari bank located in Borivali against his commercial property worth of 1.5 Cr in 2012. As per banks rule I had provided all my home, office and income proof, with me there was 1 more person registered as a surety for this loan. Now the borrower is failing to pay his EMI from last 1 year and presently his account is NPA. The bank had tried his own procedure for recovery of money but could not succeed. Currently, bank is approaching me at the office to recover his EMI amount, stating that they can recover his part EMI from my salary under the Maharashtra Co-operative Society Act, 1960 section 49 and 101. The bank is could not reach the 1st person who stands as surety and also who agreed me to stand as 2nd surety for all these loans. Kindly advice, am I liable for all this process before recovery of money from a borrower’s property.
Answers (1)

Answer #1
544 votes
Dear sir,
It seems that that you were guarantor for credit facilities. in that case, Bank should proceed to realize first mortgaged security. Under Section 101 of MCS Act, there should be recovery certificate for attachment of salary. Without court order no attachment can be done. You defend the proceeding and drive the Bank towards principal borrower.

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