Supreme Court of India
Sobran Singh v. State of U.P. & Ors.
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What the Court ordered
We are of the view that Pawan Kumar Jain's case (supra) was not correctly decided when it said that the guarantors cannot be proceeded H against unless the property mortgaged or charged by the •
Judgment, page 10
From the headnote
Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972: c s.4(2) rlw s. 3 - Guarantor claiming that recovery proceedings cannot be initiated against him unless properties mortgaged by principal borrower remain to be sold for payment of outstanding dues - The protection referred to in 0 s.4(2) has no application to guarantor, and the same is confined only to the principal debtor who has charged his properties in the manner indicated - Pawan Kumar Jain and Ashok Mahajan, overruled. Dismissing the appeals, the Court HELD: 1.1. Sections 3 and 4 of the Uttar Pradesh Public Moneys (Recovery of
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