Civil Revision No. 7787 of 2009 -1- ***** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 7787 of 2009 Date of decision : 7.1.2010 Rattan Kumar .....Petitioner Versus Bank of India and others ...Respondents **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. John Kumar, Advocate for the petitioner Mr. Amit Rishi, Advocate for the respondent No.1 S. D. ANAND, J. It is beyond the pale of controversy that the petitioner guaranteed the advancement of the impugned loan by the respondent- decree holder to the principal debtor. The respondent-decree holder is proceeding in the matter against the petitioner herein on account of a default committed by the principal debtor in the payment schedule thereof. The only plea raised on behalf of the petitioner, is that the respondent-bank ought to have first proceeded to exhaust the remedy available to it against the principal debtor and, then, proceeded against guarantor, who is petitioner herein, qua the impugned liability. It is further argued, in the context, that the principal debtor is possessed of adequate assets which, on being proceeded against, would be sufficient to satisfy the liability. I have not been able to persuade myself to find any force in the plea on behalf of the petitioner. There is plethora of law on the point that a creditor may proceed either against the principal debtor or the Civil Revision No. 7787 of 2009 -2- ***** guarantor in the first instance in its own discretion and neither the principal debtor nor the guarantor can be heard to insist that the creditor proceed against the other in the first instance. In the light of fore-going discussion, the petition is held to be devoid of merit and is ordered to be dismissed. January 7, 2010 (S. D. ANAND) Pka JUDGE Note: Whether to be referred to Reporter : Yes/No