Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 25459 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J.
HON'BLE ARUN KUMAR, J.
1. The petitioner has prayed for quashing of an order dated 12.06.2025 which, in fact, is a communication by the respondent-Bank to the petitioner intimating him that a sum of Rs.2,10,834.70/- has been debited from his account under Right to Set-Off Rule.
2. The admitted facts are that respondent no.4 had taken loan from Bank of Baroda, the respondent-Bank herein. The petitioner stood as a guarantor for the said loan to the extent of Rs.1,84,000/- apart from and in addition to all interest, Banking, Law and other costs, expenses referred to in the General Form of Guarantee. Respondent no.4 has defaulted in payment of the Bank loan. Consequently, the account was declared as NPA on 18.03.2024 followed by a recovery certificate dated 22.05.2025 against the Principal Borrower i.e., respondent no.4 herein and the guarantors, namely, the petitioner herein and one other person.
3. It seems that, thereafter, the Bank, invoking the guarantee, debited Rs.2,10,834.70/- from the account of the petitioner under Right to Set-Off Rule.
4. The sole submission of learned counsel for the petitioner is that the Principal Borrower had mortgaged his agricultural land to secure the loan and after the respondents have issued recovery certificate, it was not open to them to recover any money from the petitioner.
5. The execution of the General Form of Guarantee by the petitioner, as Versus Counsel for Petitioner(s) : Satyendra Pratap Singh Counsel for Respondent(s) : Anadi Krishna Narayana, C.S.C. Ganesh Singh .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
noted above, is not in dispute. Thereunder, the Bank has right to recover Rs.1,84,000/- plus interest and other charges from the guarantor. The liability of the guarantor is co-extensive with that of the Principal Borrower. As such, there was no impediment in way of the Bank to recover its dues from the petitioner by exercising the Right to Set-Off.
6. The petition lacks merit and is, accordingly, dismissed.
7. The order has been passed in the presence of Shri Himanshu Kumar, learned counsel for respondent no.3 September 8, 2025 Ankit.
WRIC No. 25459 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad