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MUSHARAFF KHAN versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Musharaff Khan v. State Of U.P. & Others - WRIT - C No. - 61931 of 2007 [2007] RD-AH 18891 (17 December 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon'ble Janardan Sahai, J

Counsel for the petitioner submits that the petitioner and his brother respondent no.4 had taken joint loan and recovery proceedings have been initiated against the petitioner. The contention is that only half share of the petitioner in the loan may be realized and the balance may be recovered from respondent no.4.

I am afraid no relief can be granted. The liability of the co-borrower is joint and several. It is open to the bank to proceed both against the petitioner as well as well as against respondent no.4 if he is a co-borrower. No ground for interference has been made out. With these observations the petition is dismissed.

Dt. 17.12.2007

sn/wp-61931/07


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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