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Madras High CourtWP/10359/2021dismissed

K.Loganathan v. The Deputy General Manager

2021-04-30Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.10359 of 2021 K.Loganathan .. Petitioner Vs

1. The Deputy General Manager, Union Bank of India, No.139, Prakasam Road, Chennai - 600 108.

2. The Regional Manager, Union Bank of India, R.S.Puram, Coimbatore.

3. The Branch Manager, Corporation Bank Now Union Bank of India, Virapandi Branch, Tirupur - 641 652.

4. N.Rathnaswamy .. Respondents Prayer: Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 2 and 3 to consider the petitioner's representation dated 21.12.2020 and consequently not to initiate any proceedings against the property situated at Velampalayam Village, Tirupur North Taluk, registered vide document No.1460/2004 in Tirupur Joint II Sub Registrar Office in G.S.No.300/2 and G.S.No.300/3 measuring an extent of 2.25 acres and 0.48 acres respectively. For Petitioner : Mr.T.Nixon For Respondents : Mr.P.Veeraraghavan for respondent Nos.1 to 3

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) There is no merit in the writ petition as the only grievance of the petitioning guarantor is that the secured creditor should https://hcservices.ecourts.gov.in/hcservices/

proceed first against the principal debtor before seeking to realise the dues by sale of the secured assets.

2. It is elementary that the liability of a guarantor is coextensive with that of the principal debtor and it is the secured creditor's choice whether to pursue the principal debtor or to go against the assets that may have been furnished by the guarantor. No mandamus can be issued to force a bank to proceed against the one in preference to the other.

Accordingly, W.P.No.10359 of 2021 is dismissed. There will be no order as to costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar sasi To:

1. The Deputy General Manager, Union Bank of India, No.139, Prakasam Road, Chennai - 600 108.

2. The Regional Manager, Union Bank of India, R.S.Puram, Coimbatore.

3. The Branch Manager, Corporation Bank Now Union Bank of India, Virapandi Branch, Tirupur - 641 652.

W.P.No.10359 of 2021 SSN(CO) SP(30/06/2021) https://hcservices.ecourts.gov.in/hcservices/