SH. PREM KUMAR MISHRA & ANOTHER Vs. TEHSILDAR, RAMNAGAR & OTHERS
LAWS(UTN)-2013-10-60
HIGH COURT OF UTTARAKHAND
Decided on October 08,2013

Sh. Prem Kumar Mishra And Another Appellant
VERSUS
Tehsildar, Ramnagar And Others Respondents

JUDGEMENT

Sudhanshu Dhulia, J. - (1.) The petitioners before this Court are the guarantors of a loan, which was taken by respondent No. 5 - Smt. Anita Pandey in the year 2004 for a sum of INR 75,000/- from Almora Urban Co-operative Bank Ltd. (hereinafter referred to as 'Bank'). The amount of loan has not been repaid and consequently, the matter went to Additional Registrar, Co-operative Societies Uttarakhand wherein an order has been passed under Section 71 of the Uttaranchal Co-operative Societies Act, 2003 that the money has to be recovered from the principal borrower and in case it is not recoverable from the principal borrower then Bank can proceed to recover the amount from the guarantors i.e. the present petitioners. Therefore, the recovery proceedings have been initiated against the petitioners.
(2.) The recovery citation dated 20.08.2013 has been issued by the Tehsildar Ramnagar. The same has been challenged by the petitioners on the ground that they are only the guarantors and the Bank has not exhausted its remedy for recovering that amount from the principal borrower.
(3.) Mr. Siddhartha Sah, Advocate who represent the Bank fairly admits that since the Bank has not exhausted its remedy as yet to recover the amount from the principal borrower, it may be given that liberty to recover the same from the principal borrower first.;


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