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2012 Supreme(J&K) 762

Sanjay Gupta
Citizen Co-operative Bank Ltd. – Appellant
Versus
Sanjay Sethi – Respondent


1. This revision petition has been directed against the order of Registrar cooperative Societies, Jammu dated 11.4.2009, by virtue of which, Court below has ordered that petitioner bank is at liberty to recover the decreed amount from respondent no. 1 and in the event of non recovery, the bank shall proceed against respondent no. 2 and 3.

2. Petitioner has challenged the impugned order on the ground that, the court below while passing the order has overlooked class IV of letter of guarantee deed dated19.1.2002, wherein guarantors can be proceeded without proceeding against original borrower.

3. Respondent no. 1 did not appear despite registered notice, so he was placed ex-parte on 6.4.2010. The services of other respondents were not possible by ordinary mode, so notice were published in daily paper news paper state times dt.7.2.2012. Despite that they did not appear, so they were also placed exparte on

4. I have heard the counsel for petitioner and gone through the records.

5. From the perusal of records, it appears that C.C. bank Moti bazaar granted loan to petitioner No. 1 in 2002 for Rupee one lac for purchase of computer. That while granting the loan, interest at the rate of 13% p














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