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Guarantee cheque to release gratuity and the way of claiming it back

Hi,

A person had taken AED 150000 loan from a UAE bank. He lost his job and couldn't pay the EMI to the bank on time and his company didn't release his gratuity and demanded surety cheque in order to release his gratuity.

So A took B's cheque as surety for AED 75000. Later A says his case was with the court and he got a clearance letter from the court upon paying some fine and now a becomes a defaulter.

Still, B is receiving calls from the bank since his surety cheque is with the bank.

When A's case is cleared, how can B get back his surety cheque?

How Can B safely come out of this?

Please advise

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22 Oct 2018, 13:07

Dear Questioner,

From the details, it could be understood that B's cheque was issued to the company as security to get the gratuity amount.

If A's case is cleared and he got clearance from the court, he can apply to the company to return the guarantee cheque issued.

Otherwise, B can file a civil case before the court for returning his cheque.

25 Oct 2018, 12:47

Thanks madam. Security cheque is with the bank. How can we get that back from bank. The actual person on whose name is the loan he is not responding to us properly. We helped this person giving security cheque to the bank.

We are worried what if bank deposits our cheque and cheque bounce case. So we do not want to go to that extent. We want bank to give us our cheque back. We do not want to be a guarantor for anyone.

25 Oct 2018, 13:40

Even though it is a guarantee cheque you could get it back only if the person who availed loan has cleared his dues and got clearance certificate from bank.

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