refund the token amount stating that it has been adjusted towards the amount due. It is contended that the guarantors were not made parties to the compromise. The certified debtor No. 3 namely, Shripatrao Jadhav died on 17/04/2013. The Appellants in Appeal No. 90/2017 and 91/2017 are the wife and daughter of the aforesaid Shripatrao Jadhav, and his legal representatives. The Appellant in Appeal No.89/2017 is one of the guarantors and the certified debtor No. 5. Exhibits 29, 30 and 31 were filed by the Appellants and Certified Debtor No. 6 before the Recovery Officer for discharging them from the liability in view of novation of contract by the principal debtor excluding the guarantors, as a result of which, the guarantors stood discharged of the liability under sections 62 and 135 of the Contract Act. The Ld. Recovery Officer dismissed the applications and proceeded with the recovery. Aggrieved with the dismissal, the Appellants preferred appeals under section 30 of the RDB Act before the Presiding Officer. Vide the impugned order, the appeals were dismissed. Hence, the Appellants are before this Tribunal.
