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Allahabad High Court

JOKHAI AND ANOTHERversusGOVERNMENT OF INDIA AND 2 OTHERS

Decided

Holding

The Court declined to grant relief from the guarantee as the petitioners admitted signing it, but allowed the possibility of a separate suit if fraud is established.

Summary

Petitioner Jokhai and another filed a writ petition challenging a guarantee they had signed for a loan advanced by the Government of India. The petitioners admitted that they had executed the guarantee documents. The Court examined the original records and, noting the admission, declined to grant any indulgence or relief. However, the Court observed that if the petitioners can demonstrate fraud in the execution of the guarantee, they remain free to institute a separate suit to question its legality. Consequently, the writ petition was consigned to the records and effectively dismissed. The original records were ordered to be returned to the petitioner's counsel.

Issues considered

  • Whether a petitioner who has admitted signing a guarantee can be relieved from liability under that guarantee.
  • Whether the allegation of fraud, if proved, would permit the petitioner to challenge the guarantee in a separate suit.

Subjects

  • guarantee
  • loan
  • fraud
  • writ petition
  • contract
  • civil procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 29161 of 2026

                                    Jokhai And Another
                                                                                                 .....Petitioner(s)
                                                                       Versus

                                    Government Of India And 2 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)       : Anil Kumar Prajapati, Kuldeep Kumar
                                                                      Mishra
                                    Counsel for Respondent(s)       : Sachin Mishra, A.S.G.I.

                                    Court No. - 1
                                                       HON'BLE AJIT KUMAR, J.
                                                       HON'BLE GARIMA PRASHAD, J.

                                    1. Heard learned counsel for the petitioner and Sri Sachin Mishra, learned
                                    counsel for the respondent no. 3.

                                    2. After perusing the original records, learned counsel for the petitioner
                                    admits that the petitioner has signed the documents of guarantee against
                                    the loan advanced.

                                    3. In such circumstances, we decline to grant indulgence in the matter.
                                    However, the petitioner claims that if some fraud is committed, liberty is
                                    always open to him to institute a suit questioning the legality, if
                                    otherwise, such suit is maintainable.

                                    4. Subject to the aforesaid liberty, the writ petition is consigned to
                                    records.

                                    5. Original records be returned to the counsel for the petitioner.



                                                                        (Garima Prashad,J.) (Ajit Kumar,J.)
                                    September 24, 2026
                                    Lbm/-




Digitally signed by :-
LAL BAHADUR MAURYA
High Court of Judicature at Allahabad


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