PABITRA MOHAN CHANDRA Vs. STATE BANK OF INDIA AND ORS.
LAWS(JHAR)-2015-12-87
HIGH COURT OF JHARKHAND
Decided on December 07,2015

Pabitra Mohan Chandra Appellant
VERSUS
State Bank of India And Ors. Respondents

JUDGEMENT

- (1.) Seeking a direction upon the respondent-State Bank of India not to realise the loan amount from the petitioner's account, the present writ petition has been filed.
(2.) The learned counsel for the petitioner submits that the petitioner is a guarantor and before taking steps for realisation of the loan amount from the loanee, the respondent-Bank cannot proceed against the petitioner. The Provident Fund amount of the respondent no.4 has been credited in the Bank of India, Bhagabandh branch however, the respondent-State Bank of India has not taken steps for realising the outstanding loan amount from the said account of the respondent no.4.
(3.) It is well settled that the creditor bank can initiate proceeding for recovery of loan amount against the loanee as well as the guarantor, simultaneously. The petitioner himself has admitted that he is a guarantor to the loan account of the respondent no.4. The action of the respondent-Bank of India realising the outstanding loan from the account of the petitioner thus, cannot be faulted.;


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