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1987 DIGILAW 191 (ALL)

Lalta Prasad Pandey v. U. P. Rajva Sahkari Bhumi Vikas Bank Ltd

1987-02-20

K.J.SHETTY, U.C.SRIVASTAVA

body1987
JUDGMENT K. J. Shetty, C.J. - In 1976 the petitioner had taken a loan of Rs. 41,000 for the purchase of tractor for his agricultural operations. As per terms of loan, it is stated that he had paid some instalments but defaulted thereafter. Now the opposite-parties have issued a recovery certificate for Rs. 61,408.85 p. The petitioners case is that the bank has not taken into consideration the payments made by him and has unreasonably claimed an amount of Rs. 61,408.85 p. He has also stated that he has not been served with any notice before issuing recovery certificate. 2. The petitioner has admitted that he is liable to pay Rs. 20,000. 3. We gave our anxious consideration to these questions. There is no point in admitting this writ petition and keeping it pending for long. We are also not in a position to find out whether the petitioner has been given a notice before issuance of recovery certificate. 4. Be that as it may, the petitioner must be, in the circumstances, given an opportunity to verify the accounts as to the payments made by him from time to lime. 5. We direct opposite-party No. 1 to afford an opportunity to the petitioner to look into the accounts maintained in regard to his loan and if any payment made by him has not been taken into consideration, it shall be given deduction, and there shall be a fresh recovery certificate. If, on the other hand, the accounts are proper the revenue authorities are at liberty to proceed with the recovery proceedings. Till the opportunity is given to the petitioner, opposite parties No. 3 and 4 shall stay the recovery proceedings. The admitted amount of Rs. 20,000 must be paid within six weeks. 6. With the directions thus, given, the petition stands disposed of. 7. Copy of this order may be issued to the learned counsel within 24 hours on payment of usual charges.