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Allahabad High Court · body

1990 DIGILAW 282 (ALL)

Rajpati Singh v. Collector

1990-03-15

R.A.SHARMA, V.K.KHANNA

body1990
JUDGMENT V.K. Khanna, J. - The two petitioners before us took a loan of Rs. 64,000/- from State Bank of India, for purchase of tractor on 12.11.1980. An agreement was executed between the parties, according to which the loan was to be repaid in certain instalments alongwith agreed rate of interevt. There was default in payment of loan amount and thus the respondent-bank initiated recovery proceedings to recovery the entire amount outstanding against the petitioners alongwith interest. It was at this stage that the petitioners filed this writ petition challenging the recovery proceedings under Section 11(a) of U.P. Agriculture Credit Act, 1973, on the ground that provisions of Section 11 (A) U.P. Agriculture Credit Act, 1973 are violative of Article 14 of the Constitution of India and also on the ground that the amount mentioned in recovery certificate is apparently incorrect. 2. As far as the argument raised by learned counsel for petitioner about provisions of Section 11(A) of U.P. Agriculture Credit Act, 1973, the same has been considered in a Division Bench decision reported in A.I.R. 1986, Allahabad, page 115, Trijiei Narain Tewari v. Gorakhpur Kshetriya Gramin Bank. We are in respectful agreement with the aforesaid division. 3. The petitioners admittedly took loan from respondent-Bank and are, therefore, bound to repay the same in accordance with terms of agreement, which has been entered into between the parties. We are of the opinion that this is not a fit case for interference by this Court in exercise of extra ordinary jurisdiction under Article 226 of the Constitution of India. The petitioner are, thus, not entitled to any relief. 4. However, we may observe that learned counsel of petitioners has made a statement that petitioners are prepared to give an undertaking that they will repay the entire amount of loan alongwith interest by the time granted by this Court. We have heard the learned counsel for petitioner and the bank and we are of the opinion that in case petitioners file their affidavit, after obtaining certified copy of this order, within three weeks with proper undertaking that they shall pay the entire demand outstanding against them. On or before 30th June, 1990 the recovery proceeding will remain stayed fill 30th June, 1990. On or before 30th June, 1990 the recovery proceeding will remain stayed fill 30th June, 1990. In case of default in filing affidavit or paying the amount, as indicated by the bank to the petitioners on or before 30th June, 1990 the respondents will be entitled to recover entire outstanding demand amount from the petitioners. It is made clear that the petitioners may file documentry evidence before the respondent-bank showing the amount which had already been paid. The bank will verify the payment which have been made by the petitioners. 5. Subject to observations made above the present writ petition is dismissed. Looking to the facts and circumstances of the case the parties shall bear their own costs. 6. Certified copy of this order may be given to the learned counsel for petitioner on payment of requisite charges, within three days.