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2011 Supreme(P&H) 1468

KANWALJIT SINGH AHLUWALIA
Ram Kumar – Appellant
Versus
Gurgaon Gramin Bank – Respondent


Advocates:
For the Petitioner:Mr. D.S. Bali, Senior Advocate with Mr. Deepak Kumar, Advocate.

JUDGMENT

Mr. Kanwaljit Singh Ahluwalia, J.:- Present revision petition has been instituted by Ram Kumar aggrieved against the order dated 15.2.2011 passed by the District Judge, Narnaul whereby he accepted the appeal of the respondent – Gurgaon Gramin Bank filed against the order dated 6.3.2010 passed by Additional Civil Judge (Senior Division), Mahendergarh and had held that the liability of the present petitioner – a guarantor and the principal debtor is coextensive.

2. Briefly stated, respondent – Bank had filed a suit for recovery under Order XXXIV read with Order VII of the Code of Civil Procedure for recovery of Rs.5,20,583/-. In the suit, it was pleaded by the respondent- Bank that Rohtash Kumar – defendant No.2 to the suit being Secretary of M/s Deepak Gram Udhyog Mandal – defendant No.1 had applied for grant of term loan of Rs.3.00 lacs on behalf of defendants No.1 to 8 for running a brick-kiln. It is not disputed that the respondent/plaintiff Bank had sanctioned a term loan of Rs.3.00 lacs. It is also not disputed that the petitioner/defendant No.10 to the suit is a guarantor and had mortgaged the land with the Bank on the assurance that in case the defendant-loanee faile











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