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Judgment
Manoj Kumar Tiwari, J
According to the petitioner, he stood as guarantor for a loan taken by respondent no. 4. Since the money could not be recovered from the principal
borrower, therefore, a recovery certificate was subsequently issued in favour of the petitioner, pursuant to which Tehsildar Bageshwar has issued
recovery citation against the petitioner.
A coordinate Bench of this Court vide order dated 18.05.2018 had granted protection, from recovery proceedings, to the petitioner. More than three
years have gone by since filing of the writ petition, therefore, no useful purpose would be served by keeping this writ petition pending.
It is settled position in law that liability of guarantor in respect of loan is co-extensive with that of the borrower. There is no dispute that petitioner
stood as guarantor in respect of the loan in question, therefore, any interference with the recovery certificate issued by the Bank or recovery citation
issued by the Tehsil Authorities against the petitioner would not be warranted.
In such view of the matter, the writ petition is dismissed. Interim order dated 18.05.2018 stands vacated.