banking

A person had taken a loan from a

bank and one of his friend had

guaranteed the same. Payments

were not being made in the loan

account. The Bank therefore issued

a advocate notice. The notice to the

borrower was returned with the

noting ''no such adressee'' and the

notice to the guarantor was

returned with the endoresement

''adressee left''. The Bank is not in a

position to trace the present adress

of the persons. Can we now file a

suit as the notice to the borrower

and guarantor has not beeen

served. What is the defence they

could take in a suit which the Bank

may file for recovery of the dues

with respect to the notice. Is it

absolutely necessary that notice of

demand should be send before the

filing of suit or can the suit be filed

even without issue of notice. It is

proposed to find out the adress of

the defendants after filing of suit as

the suit may get time barred. Kindly

advise.