IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1076 of 2010 Ganauri Paswan, Son of Late Munsi Paswan, residentof Mohalla – Bhikhanchak, PS Gardanibagh, District Patna ......Appellant/Petitioner Versus 1. The State Of Bihar 2. The Administrative Officer, Security, Bihar State Electricity Board, Patna 3. The Branch Manager, Canara Bank, Main Branch, South Gandhi Maidan, PS Gandhi Maidan, District Patna 4. The Loan Manager, Canara Bank, Main Branch, South Gandhi Maidan, PS Gandhi Maidan, District Patna 5. Suresh Paswan, son of Late Binda Paswan, resident of Mohalla Garbhuchak, Jagdeo Path, PS Gardani bagh, District Patna ....Respondents/Respondents ----------- 02- 24/6/2011 Heard Mr. Sushil Kumar for the appellant. This appeal under clause 10 of the letters patent of the High Court of Judicature of Patna is directed against the order dated 10.3.2010 read with the order dated 18.5.2010, passed by a learned Single Judge of this Court in CWJC no. 4732 of 2010, whereby the writ petition has been dismissed and the recovery of a sum of Rs.40,000/- being the loan amount from the petitioner’s account, has been upheld. 2. We have perused the materials on record and considered the submissions of the learned counsel for the parties. Respondentno.5 (Suresh Paswan) had taken a loan from the respondent Bank, and the appellant herein was a co-obligant as well as guarantor. In view of the failure on the part of respondent no.5 to make payment of the loan 2 amount, the bank deducted a sum of Rs.40,000/- from the appellant’s account, which was challenged in writ jurisdiction on the ground that the bank should have first exhausted the option of recovery from the loanee. It appears to us that the appellant was a co-obligant as well as guarantor. Secondly, law is well settled that it is open to the lending institution to recover it from the loanee or the co- obligant or the guarantor. 3. We, therefore, do not find any error in the action of the respondent bank. The writ petition has rightly been dismissed. We entirely agree with the order of the learned Single Judge. The appeal is accordingly dismissed. ( S K Katriar ) ( Amaresh Kumar Lal ) mrl