THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.26048 of 2009 ORDER: One Mr. S. Narasimha Swamy obtained a sum of Rs.20,000/- as loan from the Aryan Cooperative Urban Bank Limited, Nallakunta, in the year 1992. The petitioner stood as guarantor. It is stated that said Narasimha Swamy died in the year 1995 and by that time he paid Rs.38,000/-. Thereafter the bank did not initiate any steps. It was only in 2008, that the bank approached the first respondent for issuance of recovery certificate under Section 71 of the Andhra Pradesh Cooperative Societies Act, 1964 for a sum of Rs.43,838/-. The first respondent issued certificate under the impugned proceedings on 16.02.2008 in the name of Narasimha Swamy and the petitioner herein. The same and the consequential E.P. proceedings dated 15.06.2009 are challenged in this writ petition. Heard the learned counsel for the petitioner and the learned counsel for the respondents. It is not in dispute that the principal borrower died in 1995. His legal representatives were not brought on record. The bank approached the first respondent as though the principal borrower was alive and without verifying the facts, the first respondent issued recovery certificate against the dead person. The liability of the petitioner would survive if only the claim was tenable against the principal borrower. Once it has emerged that the principal borrower died, the certificate cannot be sustained in law. Accordingly, the impugned proceedings dated 16.02.2008 are set aside and the Writ Petition is allowed. All consequential steps taken by the respondents on the basis of the impugned order are also set aside. However, it shall be open to the respondents to take steps in accordance with law. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY, J 21st April, 2010 GHN