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2025 DAILYLAW 130579 (ALL)

SUNIL KUMAR CHATURVEDI v. COLLECTOR SULTANPUR AND 2 OTHERS

WRIC/2971/2025 · 2025-04-01

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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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 Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench