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Judgment
M. Katju and K.N. Sinha, JJ.—Admittedly, the petitioners are guarantors for a term loan of Rs. 72.22 lacs taken by Shah Nursing Home and Polyclinic sanctioned by the Pradeshiya Industrial and Investment Corporation of U. P. Limited, Lucknow and, as such, it is submitted by the learned counsel for the petitioners that the alleged dues are not recoverable from the petitioners u/s 3 of the U. P. Public Money (Recovery of Dues) Act, 1972.
It is well-settled that petitioners, as guarantors, are liable to pay the impugned amount, their liability being co-extensive with that of the principal debtor. The petitioners are not disputing this position. The petitioners cannot take advantage of technicalities of law. In a writ petition, the petitioners have not only to show violation of law but have also to prove that equity is in their favour. This is because writ is a discretionary remedy. In the present case, there is no equity in favour of the petitioners since they do not deny their liability. Thus, this is not a fit case for interference under Article 226 of the Constitution of India.
The petition is dismissed.