' KH. FAROOQ SAEED, Through this writ petition the directions of this Court has been sought for restraining the respondent-Bank to persuade the petitioner (guarantor) for payment of the loan amount payable by a third person.
2. Brief facts leading to this writ petition are that the petitioner stood guarantor in a loan received by the respondent No,1 which he could not pay back in time The Bank is now after the said respondent, but, however, since recovery has not been satisfied, the guarantor is also being harassed for the payment of the same.
3. The claim remains that since the original loaner is available the guarantor should not be disturbed. It has also been asserted that the petitioner is ready to provide details and availability of the said respondent.
4. This Court is unable to agree with the petitioner that there is any reason for invocation of the writ jurisdiction in the circumstances of this case. As per contents of para 16 of the loan contract, the loanee and the guarantor both have made jointly and 'severally responsible for payment of the loan. This is not a case in which any fixed assets or collateral had been mortgaged by the Bank for payment. The only security before the Bank was the guarantee in presence of which the loan was disbursed to the respondent. The entire responsibility, therefore, would shift to the shoulders of the guarantor, though, however, the prime responsibility remains that of loanee.
5. The provision of the contract which has duly been signed by the present guarantor also is binding under section 178 of the Contract Act. Besides such and similar circumstances have been thrashed out by a number of judgments including "National Bank of Pakistan v. F. S. Aitzazuddin and
2. Others" PLD 1982 Karachi 577.
6. In view of un-equivocal findings in the aforementioned judgment, there is obviously no reason for interference through a writ jurisdiction by this Court under Article 199 of, the Constitution of Islamic Republic of Pakistan, hence the same is declined.
7. This writ petition stands dismissed accordingly.