Neutral Citation No. - 2025:AHC-LKO:18002-DB
Court No. - 2
Case :- WRIT - C No. - 2971 of 2025
Petitioner :- Sunil Kumar Chaturvedi
Respondent :- Collector Sultanpur And 2 Others
Counsel for Petitioner :- Rajesh Kumar Shukla,Anshu Rai
Counsel for Respondent :- C.S.C.,Krishan Kanhaya Pal
Hon'ble Rajan Roy,J.
Hon'ble Om Prakash Shukla,J.
1. Heard learned counsel for the petitioner, learned Standing
Counsel for State-respondent no.1 and Shri Krishan Kanhaya
Pal, learned counsel for Indian Bank- respondent no.2.
2. The petitioner is a guarantor for loan taken by respondent
no.3 from respondent no.2/ Bank.
3. The petitioner wants that first of all an attempt should be
made to recover the amount from respondent no.3 and
thereafter if something remains the same should be recovered
from the petitioner. However, faced with the provision under
Section 128 of the Contract Act, 1872 we fail to understand as
to how such relief can be considered or granted under Article
226 of the Constitution of India.
4. The writ petition is, accordingly, disposed of with liberty to
the petitioner to pursue the matter with the Bank or seek such
other remedy as may be permissible under law.
(Om Prakash Shukla, J.) (Rajan Roy, J.)
Order Date :- 1.4.2025
Arnima