The petitioner is aggrieved with the proceedings for recovery against the petitioner for a loan availed by the 3rd respondent. Admittedly, the petitioner and the 4th respondent had stood as sureties to the 3rd respondent, to a loan availed by the 3rd respondent from the 1st respondent Bank. The petitioner relies on Ext.P2 judgment obtained by the 4th respondent herein. In Ext.P2, it has been stated that the 1st respondent has to first proceed against the original borrower and then take steps to recover the loan amounts from the salary of the surety. It is to be noticed that there is no interdiction as such provided in Ext.P2. WPC.32879/2014 : 2 :
2. If the creditor Bank is unable to recover the amounts from the original borrower, definitely, the surety can be proceeded against. Further, it is to be noticed that Ext.P2 is of the year 2006. The petitioner has sought for similar consideration in the year 2009. As has been noticed in Ext.P2, the liability of the original borrower is co-extensive with that of the sureties, as also joint and several. In such circumstance, no relief can be granted to the petitioner as such in the above writ petition. However, if any amounts have been paid by the petitioner in satisfaction of the loan availed by the 3rd respondent, the petitioner would be left reserved the remedy to proceed against the 3rd respondent.
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(K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge