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2018 Supreme(All) 2214

DEVENDRA KUMAR ARORA, RAJNISH KUMAR
Shiv Narayan Chaurasia S/o Ram Asrey Chaurasia – Appellant
Versus
Rajdhani Nagar Sahkari Bank Limited Lucknow – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shiv P. Shukla, Sudhir Kumar Singh
For the Respondent: R.K. Chaudhary

JUDGMENT :

RAJNISH KUMAR, J.

1. The petitioner has approached this Court for writ of mandamus commanding to opposite parties no.1 to 3 to return back the relevant papers including the original sale deed in respect of plot of land measuring 1000 Sq. Feet Khasra No.87 situated at Iradat Nagar, Pargana, Tahsil and District Lucknow submitted to the opposite parties 2/3 by the petitioner in his capacity as guarantor of opposite party no.4 in lieu of cash credit facility for Rs.3,00,000/- provided to the opposite party no.4 way back in the year 1997-98 after scrapping the name of the petitioner as guarantor of the opposite party no.4.

2. The facts in brief for adjudication of the present controversy as born out from the pleadings are that in the year 1997-98 the opposite party no.4 had taken a loan under the cash credit facility for Rs.3,00,000/- from opposite parties no.1 to 3. The petitioner stood guarantor for the above loan. The petitioner while undertaking the guarantee in respect of Accounts No.C/C-16 'Saurabh Traders', proprietor Shri Ram Shanker Chaurasiya / opposite party no.4, had deposited the original sale deed in respect of his plot of land measuring 1000 Sq. Feet Khasra No.87































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