Misc, SC Judgement Dated 27/02/2026 – Guarantor held Liable for Original Loan, not subsequent unauthorised Overdrawals

 Case of Bhagyalaxmi Cooperative Bank Ltd Vs Babaldas Amtharam Patel (D) through Legal Representatives, SC  Judgement Dated 27th February 2026. The apex court has held that permitting a borrower to withdraw amounts beyond the sanctioned loan limit without the consent of the surety results in only a partial discharge of the guarantor. The court held that the guarantors are liable only to the extent of the amount originally sanctioned along with applicable interest. They are not liable for the excess amounts withdrawn beyond the sanctioned limit.

(Link: SC Judgement Dated 27/02/2026)

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