WPMS/1407/2018
2021 Latest Caselaw 2347 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
          ON THE 9TH DAY OF JULY, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
        Writ Petition (M/S) No. 1407 of 2018
BETWEEN:

Bansidhar Sharma                       ...Petitioner
     (By Mr. Saurabh Pande, Advocate holding brief of Mr.
     Sumit Bajaj, Advocate)

AND:

District Magistrate/Collector
Bageshwar & others                     ...Respondents

     (By Mr. Pradeep Haiya, learned Standing Counsel for the
     State of Uttarakhand and Mr. Ashish Joshi, learned
     counsel for the Bank)

                      JUDGMENT

1. 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.

2. 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.

3. 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.

4. In such view of the matter, the writ petition is dismissed. Interim order dated 18.05.2018 stands vacated.

(MANOJ KUMAR TIWARI, J.) Aswal