In Aug 2007 my wife had taken education loan in which I was co borrower and my father was guarantor. I regularly paid loan interest from joint account with my wife. After completing education in 2009 she paid 4 installment and then She stopped paying installment .After few month bank declared NPA and filed civil suit for recovery against my wife (applicant),against me (co borrower) and my father (guarantor). Bank also put case under sec 138 against me as I had given security cheque from my individual account.
Due to this I repaid the loan amount from my saving account on 18/1/2011 and got NOC in my name from bank and filed divorce case which is decided in my favour on the ground of cruelty on 8/may/2013..
Now I want to know that
- 1. Whether I file recovery case against my five now
- 2. What is time limitation for this case as I repaid whole amount on 18 jan 2011.
- 3. Can I file this case from my father side as he was guarantor but amount paid by me
- 4. My advocate advise me to put civil defamation case from father side instead of recovery case.
- 5. Any other relief suggested
