J U D G M E N T

The petitioner was a guarantor to the loan of Rs. Five lakhs availed by one K.C. Peter from the respondent Bank in the year 2006.The brother of the petitioner was also a guarantor. It is stated that whereabouts of the borrower are not known for quite long and it is reasonably presumed that he is no more. The brother of the petitioner also took his last breath. The Bank is proceeding with coercive steps under the SARFAESI Act for realisation of the due amount by proceeding against the property of the petitioner without impleading the legal heirs in the party array. Hence the writ petition.

2. The learned Standing Counsel appearing for the respondents, on instruction, submits that the attempt of the petitioner is only to protract the proceedings and that absolutely no material has been produced before this Court to show that the borrower is no more; and further that the respondents are not aware of his death. That apart, the liability is joint and several and as such, the Bank is having every right to proceed against the property of the petitioner, who stood as a guarantor, submits the learned Standing Counsel. It is further stated that the proceedings being taken by t