M.Katju, Rakesh Tiwari, JJ. - (1.) HEARD learned counsel for the parties.
(2.) THE petitioner was a guarantor of the loan in question. It is well-settled that the liability of the guarantor is co-extensive with that of the principal debtor. It has been held by a Division Bench of this Court in Balram Singh v. State of U. P., 2002 (2) UPLBEC 1138, that there is no requirement in law that the recovery should first proceed against the principal debtor and thereafter, it alone should proceed against the guarantor. It is the discretion of the authorities to decide as against whom recovery should proceed. THE recovery can proceed straightway against the guarantor without issuing notice to the principal debtor. THE petition is dismissed.;