The grievance of the petitioner is against the revenue recovery proceedings initiated by the 1st respondent against the petitioner for satisfaction of loan availed by another. The original borrower is not seen impleaded herein. 2. The learned counsel for the respondent Bank submits that the original borrower is the petitioner's own sister. The original borrower had issued a cheque which was dishonoured and proceedings under Section 138 of the Negotiable Instruments Act, are pending. The original borrower is said to be absconding. It is trite that the liability of the surety is co-extensive with that of the original borrower. The joint and several liability of the surety cannot be effaced on the nature of the grounds raised herein. In such circumstance, the Bank would be entitled to proceed against the surety.
WPC798/2013 : 2 :
3. However, the petitioner seeks installments.
If the petitioner approaches the Bank for installments or makes an application for One Time Settlement, within two weeks from today, the Bank shall consider it either granting One time Settlement Scheme or by granting installments. If the petitioner comply with the installments or with an OTS scheme if any introduced, the revenue recovery proceedings shall be kept in abeyance and if not, the recovery shall be revived and continued. The petitioner if satisfies any amounts to the loan of another, either voluntarily or otherwise, shall be reserved liberties to proceed against the other for realisation of such amounts, before the appropriate forum, in accordance with law.
Writ petition is disposed of.
Sd/-
(K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge