By the Court—This writ petition has been filed for quashing the recovery dated 24th December, 2005 which has been issued by the Sub-Divisional Officer, Muzaffarnagar and for a direction upon the respondents not to recover any amount from the petitioner without recovering the same from the principal debtor. The petitioner was a guarantor for the loan taken by M/s. Kirti Food Industries from respondent Canara Bank. The recovery certificate has, therefore, been issued against the petitioner.

2. We have heard learned counsel for the petitioner and learned Standing Counsel appearing for the respondents and have perused the materials available on record.

3. Learned counsel for the petitioner contended that as the petitioner is merely a guarantor, it was imperative for the Bank to have first recovered the loan from the principal debtor and that in any view of the matter the respondents could not recover the amount as arrears of land revenue as it was a cash credit loan.

4. In order to examine the first contention, the petitioner should have brought on record the agreement entered into between M/s. Kirti Food Industries and the respondent Bank under which the petitioner was the guaran