Guarantee for Payment of Debt
To
CD of, etc. (creditor)
In consideration of your having this day lent and advanced the sum of
Rs
...........
to EF, of (principal debtor), at my request, I, the undersigned, do
See Hakam Singh v Gammon (India) Ltd. AIR 1971 SC 740; Pate
l
Roadways Limited v Tropical Agro Systems P. Ltd. AIR 1992 SC 1514 (1519).
hereby agree to be and shall, at all times hereafter until repayment of loans remain responsible to you for and guarantee payment of the said sum of Rs
......
in case of his default together with interest thereon at the rate of
........
per cent per annum, such interest to be calculated with effect from the date of service of the registered notice of demand on me. This guarantee shall not be affected by your granting any time or any other concession or indulgence to the said EF or by his death or insolvency. This guarantee is given without prejudice to all my rights of reimbursement as against the said EF or his estate as surety for him for all sums to be paid to you and costs, charges and expenses incurred in connection therewith.
(Date)
AB
Guarantee to Pay for Goods Supplied
To
CD and Co. of, etc. (creditors)
In consideration of your having had recently agreed at my request and on my assurance to keep and maintain regular supply to EF, of, etc. (principal
debtor), with articles of trade such as
..........
, etc., up to the value of Rs
............
on credit, I, the undersigned AB of, etc. (surety) do hereby promise and agree to remain liable for and guarantee payment of the sum as may be due and payable as the balance of amount to you by the said EF on demand. This guarantee shall not be construed as a continuing guarantee and shall not extend as against me to supply of any goods in excess of the value aforesaid. It shall not be at all necessary for you to institute any suit or other proceedings against the said EF before demanding of me such payment. This guarantee shall not stand determined by any change in the constitution of your firm, or by any concession or other indulgence being given, shown or granted by you to the said EF at any time.
(Date)
AB
Guarantee to Pay for Goods Supplied
This agreement is made this
..........
day of
.......
between AB of, etc. (surety), of the one part, and CD of, etc. (creditor), of the other part.
Whereas the said CD has, at the request and assurance of the said AB, agreed to supply EF of, etc. (principal debtor), from time to time in the
course of his trade, with articles of trade such as
......
on credit:
Now it IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES as follows:
1. The said AB shall at all times hereafter so long as this guarantee shall continue remain responsible for payment and will pay or cause to be paid to the said CD all such sum or sums of money as shall become due and payable to the said CD from the said EF for articles supplied or to be so supplied as aforesaid and not paid for by the said EF or otherwise adjusted not exceeding however Rs
..........
at any time without confirmation from the said AB first had and obtained the same being the limit prescribed and subject thereto, this guarantee shall be a guarantee for the whole of such sum or sums.
2. The guarantee hereby given shall be a continuing guarantee and so
cover all trade deals between CD and EF subject to the limit hereunder prescribed, but nevertheless the said CD shall, in case of any delay or default on the part of the said EF in making payment, give at least a fortnight's notice in writing to the said AB before taking any steps for enforcement of the guarantee hereunder given by the said AB.
3. Provided always that in the event of any adjudication order, whether voluntary or compulsory, being made against the said EF or his entering or attempting to enter into a scheme of composition with other creditors or any attachment effected or charging order made or Receiver being appointed over his business, even then the guarantee hereunder given shall not stand revoked, but the said CD shall nevertheless first proceed against the said EF or his estate to recover as much as possible before requiring any payment on that account to be made by the said AB under and by virtue of the guarantee hereunder given.
4. The said CD will, at any time during the continuance of this guarantee, give to the said AB, if and when requested in writing so to do, full and accurate information as to the amount of the indebtedness for the time being of the said EF to the said CD.
5. Any extension of time granted, concession or indulgence shown on the part of the said CD towards EF shall not prejudice the rights and obligations of the parties under these presents.
6. This guarantee may be determined at any time by the said AB by payment to the said CD of the amount for the time being owing by the said EF up to the limit specified in cl. 1 hereof, or as to subsequent transactions only, by
....
calendar months' notice in writing given by the said AB to the said CD.
7. Notwithstanding anything hereinbefore stated, this guarantee shall
stand determined on the death of the said AB absolutely.
In witness, etc.
AB
Signed, sealed and delivered
CD