CW 1746/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.1746/2009 Smt. Usha Jain Versus DRT Jaipur & Ors. Date of Order ::: 02/03/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Chain S. Rathore, for petitioner Instant petition has been filed assailing proclamation of sale in Form No.13 (Ann.2) issued pursuant to order dt.25/03/08 (Ann.1) of Debts Recovery Tribunal, Jaipur in Org.Appl.No.65/05 filed by Union Bank of India. In original application despite service of notices, neither borrower nor its guarantor appeared before the Tribunal. However, taking note of material on record, the Tribunal vide order dt.25/03/08 (Ann.1) directed to make recovery of Rs.11,97, 087/- from the defendants alongwith costs and pendente lis interest @ 10% p.a. In pursuance whereof, recovery officer, issued proclamation of sale (Ann.2). Counsel submits that the Bank should first initiate proceedings for recovery of loan from the assets of borrower and only in case on failure to satisfy with loan amount, then only property of guarantor could have been put to auction for the purposes of meeting out debts as decided by the Tribunal vide order (Ann.1). Suffice it to say that petitioner despite CW 1746/09 //2// notice being served, failed to appear before the Tribunal; notice of proclamation of sale has been issued by recovery officer in February, 2009. It is always for the Bank to satisfy its debts either from borrower or guarantor. However, this Court does not find justification to entertain instant petition. Consequently, writ petition fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p2/1746CW09Mar2ds.doc