1 wp 4995.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4995 OF 2009 Dilip S/o Rangnath Gore .. Petitioner Versus The Ambika Mahila Sahkari Bank Ltd. Maliwada, Tq. & Dist. Ahmednagar and others .. Respondents Shri D. G. Nagode, Advocate for the Petitioner. Shri N. V. Gaware, Advocate for the Respondent No. 1. CORAM : S. V. GANGAPURWALA, J. DATE : 11TH JULY, 2011. PER COURT : . Shri Nagode, the learned counsel on instructions of the petitioner states that, the writ petition has become infructuous. The writ petition as such, is disposed of as infructuous. 2. Shri Nagode, the learned counsel submits that, the petitioner was a guarantor and he may be given liberty to recover the said amount from the principal borrower. If the amount is paid by the guarantor, the guarantor has right to recover the 2 wp 4995.09 amount from the principal as per the provisions of the Indian Contract Act. Explanation to Section 43 of the Contract Act and Sec. 145 of Contract Act are explicit and clear. As such, no question of passing any separate orders in that regard. [ S. V. GANGAPURWALA, J. ] bsb/July 11