Court No. - 27 Case :- MISC. BENCH No. - 3465 of 1997 Petitioner :- Rajendra Prasad Misra Respondent :- D.M. Sultanpur& Others Petitioner Counsel :- B.R.Singh Respondent Counsel :- C.S.C.,N.K.Seth Hon'ble Devi Prasad Singh,J.
Hon’ble S.C. Chaurasia,J
Heard the learned counsel for the petitioner and learned counsel for the
respondents.
This writ petition under Article 226 of the Constitution of India has been
preferred against the impugned recovery proceedings initiated on account of
default of payment of dues of the respondent bank.
By an interim order dated 17-11-2008, the Division Bench of this court has
directed the respondents to recover the dues firstly from the borrower and
thereafter it may proceed against the petitioner who is alleged to be guarantor.
No further order is required to be passed in this matter.
The writ petition is disposed of finally in terms of interim order dated 17th
November,2008.
Needless to say that in case the entire amount is recoverable from the
petitioner, then the respondents may proceed against the petitioner who is a
guarantor.
Order Date :- 7.1.2010
AKS