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2012 Supreme(J&K) 717

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


1. Petitioner, bank has filed present revision petition against the order of Registrar Cooperative Societies Jammu, by virtue of which, court below has directed Respondent no. 1 to pay Rs 1,34,725/- along with interest as per NPA norms after 1-1-07 and it has also been held that in case bank fails to recover amount from respondent no.1, only then guarantors i.e. respondent 2 & 3 shall be held liable to pay amount.

2. Bank has challenged the impugned order on the grounds, that order of court below is not accordingly to law, because as per terms of guarantee deeds dated 4-3-02, borrower and guarantors are jointly and severely liable for re paying loan amount in case of default committed by barrower. That in operative part of order, a glaring error has thus been committed.

3. Respondents 1 & 3 have not appeared despite repeated summons issued to them and finally on 24-11-2011, a notice was published in daily news paper STATE TIMES, but despite notices respondent no. 1& 3 have not appeared, so both of them have been set exparte. Respondent no. 2 has also been set ex-parte on 2-12-2011.

4. Brief facts of the case are that, respondent no. 1 obtained loan of Rs. 100,000/- from branch office








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