Supreme Court of India · 2006-09-26
Ashok Mahajan vs State Of U.P. & Ors
- Citation / case number
- 2006 AIR SCW 4925
- Court
- Supreme Court of India
- Petitioner
- Ashok Mahajan
- Respondent
- State Of U.P. & Ors
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, Lokeshwar Singh Panta
Judgment text excerpt
The Supreme Court upheld the dismissal of a writ petition challenging a recovery certificate issued under the Uttar Pradesh Public Moneys (Recovery of Dues Act) 1972. The Court clarified that the liability of the guarantor can be enforced even when the principal borrower has no assets, as per Section 279(1)(b) of the Uttar Pradesh Zamindari Abolition Act, 1950. The Court found that the appellant's claims regarding his status as a guarantor were inconsistent and affirmed the High Court's ruling that the recovery actions were lawful.