Navnath Vishwanath Gade v. The State Of Maharashtra And Others

1 wp 2614.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 21 WRIT PETITION NO.2614 OF 2020 NAVNATH VISHWANATH GADE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner: Mr. S. L. Bhapkar AGP for Respondent/State: Mr. A. A. Jagatkar Advocate for Respondents No.5&6: Mr. R. R. Karpe ...

CORAM: ARUN R. PEDNEKER, J.

DATE:

13th MARCH, 2023 PER COURT:

1.

The petitioner challenges the recovery certificate issued against loan of Rs.2,00,000/- obtained by respondent no.7. The petitioner undisputedly is the guarantor of the said loan. The contention of the petitioner is that the recovery certificate is issued without following due process of law and without notice to the guarantor. He further does not dispute the fact that the loan is taken and that he is the guarantor of the loan.

2.

As he is guarantor to the loan, the remedy of revision is available to the petitioner.

2 wp 2614.2020 The writ petition is disposed of with liberty to the petitioner to avail the remedy as is available.

3.

Interim arrangement made by this court in the present writ petition with consent of the respondents is continued for a period of two (02) weeks from today.

4.

If revision petition is filed, all contentions are kept open.

[ARUN R. PEDNEKER, J.] marathe