Balram Vs State of U.P. and Others

Balram vs State of U.P. and Others

Allahabad High Court · Decided on 19 February 2002 · Citation: (2002) 2 AWC 910 : (2002) 2 UPLBEC 1138

HON’BLE JUDGES

Rakesh Tiwari, J · M. Katju, J

RESULT

Disposed Of

CASE NUMBER

C.M.W.P. No. 6902 of 2002

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Judgment

4 paragraphs · 159 words

M. Katju and Rakesh Tiwari, JJ.—Heard Sri N.K. Trivedi, learned counsel for the petitioner and Sri Prakash Krishan, learned counsel for the respondents.

The petitioner has challenged the impugned recovery certificate dated 22.1.2002. The petitioner is a guarantor of the loan granted to Shiv Pal Singh by respondent No. 3. It is well-settled that the liability of the guarantor is co-extensive with that of the principal debtor. Hence, we cannot interfere with the impugned recovery.

Learned counsel for the petitioner has submitted that respondent Nos. 2 and 3 should first proceed against the principal debtor before proceeding against the guarantor. There is no such requirement in law, and hence we cannot give any such direction. It is the discretion of the creditor whether to proceed against the principal debtor or the guarantor. We, however direct that no recovery charges shall be realised from the petitioner.

With the aforesaid observations, the writ petition is disposed of finally.