Dismissed

Jagir Singh and Anr. v. Allahabad Bank and Ors.

Punjab & Haryana HC18 Dec 2018RSA/1731/2017

Case brief

AI extract

What is this about?

This judgment dismisses two regular second appeals filed by guarantors against a bank's decree for loan recovery. The High Court rejected the argument that recovery must be pursued against the principal borrower's conveyed property instead of the guarantors, holding that liabilities remain co-extensive and remedies against fraudulent transfers lie with the executing court.

What did the court decide?

The regular second appeals filed by the appellants-defendants are dismissed with no costs.

Jagir Singh and Anr. Vs Allahabad Bank and Ors. — Banking and Recovery | Punjab & Haryana HC (2018)

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RSA Nos.1731 & 3156 of 2017 (O&M)	1 YOGESH SHARMA 2019.01.04 09:53 I attest to the accuracy and integrity of this document
117 IN THE HIGH COURT OF PUN AT CHANDIG	JAB AND HARYANA ARH
	Date of decision : 18.12.2018
1.	RSA-1731-2017 (O&M)
Jagir Singh and another Versus	... Appellants
Allahabad Bank and others	... Respondents
2.	RSA-3156-2017 (O&M)
Jagir Singh and another Versus	... Appellants
Allahabad Bank and others	... Respondents

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CORAM: HON'BLE MR. JUSTICE AMIT RAWAL

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Present: Mr. G.S. Nagra, Advocate for the appellants.

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AMIT RAWAL, J.

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CM-4165-C-2017 in RSA-1731-2017

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For the reasons stated in the application, the legal representatives of Hardev Singh/respondent No.3 are permitted to be brought on record.

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CM stands disposed of.

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MAIN CASES

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This order of mine shall dispose of two regular second appeals bearing RSA No.1731 of 2017 titled as “Jagir Singh and another V/s

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YOGESH SHARMA 2019.01.04 09:53 I attest to the accuracy and integrity of this document 2

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RSA Nos.1731 & 3156 of 2017 (O&M)

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Allahabad Bank and others” and RSA No.3156 of 2017 titled as “Jagir Singh and another V/s Allahabad Bank and others” filed at the instance of the appellants-defendants No.3 and 4, against the judgment and decree of the lower Appellate Court, wherein, the suit for recovery of ` 4,64,047/along with interest pendente lite and future interest @ 17.30% per annum and 10% per annum on Green Card Loan plus 2% Penal Interest, has been decreed.

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Hardev Singh had obtained the loan from the respondentplaintiff-Bank and had mortgaged his land, whereas the appellants stood as guarantors. In view of default, the bank had filed the aforementioned suit. During the pendency of the suit, Hardev Singh had died. The trial Court dismissed the suit qua Hardev Singh having been abated. However, the lower Appellate Court reversed the findings as per the amended provisions of Order 22 of CPC.

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Learned counsel for the appellants-defendants submitted that during the pendency of the suit, Hardev Singh, had exchanged the land with Gurlab Singh and thereafter, he had transferred his share to Surjit Singh, who was also represented by his son as defendant No.2. The Bank should not recover the amount against the guarantors, instead proceed against the property belonging to Hardev Singh, now vested with the Surjit Singh.

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I am afraid the aforementioned argument is not sustainable as the liability of the principal borrower and the guarantors is co-extensive. If there was some fraudulent transfers, the Executing Court can always take the notice of the provisions of Section 53 of the Transfer of Property Act.

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In this view of the matter, there cannot be any illegality or perversity in the judgments and decrees of the Courts below, much less, no

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YOGESH SHARMA 2019.01.04 09:53 I attest to the accuracy and integrity of this document 3

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RSA Nos.1731 & 3156 of 2017 (O&M)

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substantial question of law arises for determination.

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Resultantly, the regular second appeals are dismissed.

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18.12.2018 ( AMIT RAWAL ) Yogesh Sharma JUDGE  Whether speaking/reasoned Yes/ No  Whether Reportable Yes/ No

Jagir Singh and Anr. v. Allahabad Bank and Ors.

Case brief

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Jagir Singh and Anr. v. Allahabad Bank and Ors.

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