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JABBAR KHAN versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Jabbar Khan v. State Of U.P. And Others - WRIT - C No. 313 of 2006 [2006] RD-AH 238 (4 January 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. S. K. Singh, J.

Challenge in this petition is the citation dated 11.11.2005 by which unpaid amount towards the loan which was taken from the respondent bank is sought to be recovered.

There is no dispute about the fact that petitioner took loan in the year 1993 and there is default and thus recovery proceedings have been started.

During the course of argument learned counsel for the petitioner pressed that some reasonable time may be given to pay the entire amount keeping in mind the condition of the petitioner.

There is no dispute about the fact that petitioner took the loan and the entire amount could not be paid by him. This Court  is to grant time to those loanees who have the time schedule provided by the bank is still there and the default has occasioned and, therefore, some breathing  time can be given, keeping in mind the fact that petitioner is an agriculturist and he may be saved of irreparable injury. Here is the case where this court is not satisfied that the time schedule provided by the respondent bank is still left and, therefore, in the cases where outer limit so allowed by the respondent bank is already over, this Court is not to enlarge the time span. Otherwise also this Court has not been persuaded to accept the request for grant of time and the fact as stated appears to be lam excuse on the part of the petitioner. Amount which was given to the petitioner is a public money and, therefore, respondent bank is legally entitled to get it recovered. This Court having not found any illegality in the proceeding refuses to intervene in the matter.

Writ petition accordingly fails and is dismissed.

4.1.2006.

SKS

313/2006


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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