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Debtor cannot dictate the manner in which the debt is to be recovered

In Tom Thomas Vs. State Bank of India Overseas Branch, Willington Island, Kerala High Court found that the very prayer of the guarantors is essentially for a direction to the creditor bank to proceed against certain other items of secured assets initially, and to proceed against the residential properties only thereafter and held that it is the prerogative of the creditor to proceed for recovery of its debt in any of the legally permissible modes and against the available securities. It is up to him to choose the easiest mode which according to him would enable him to realise his debt. The surety or the principal debtor do not have a right to dictate terms to the creditor as to how he should make recovery of its debt.

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