Sunil Kumar Chaturvedi v. Collector Sultanpur And 2 Others

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