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M/S THE GUPTA INTERNATIONAL versus UNION BANK OF INDIA, SSI BRANCH SIGRA & OTHERS

High Court of Judicature at Allahabad

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M/S The Gupta International v. Union Bank Of India, Ssi Branch Sigra & Others - WRIT - C No. 4092 of 2000 [2005] RD-AH 7600 (15 December 2005)

 

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

WP NO. 4092 of 2000

HON'BLE YATINDRA SINGH, J

HON'BLE R.K. RASTOGI, J.

1. This writ petition is against the recovery of cash credit loan given by respondent no. 1.

2. We have heard counsel for the petitioner and Sri Sachindra Mohan and standing counsel for the respondents.

3. The petitioner has made a mention in the writ petition that this recovery relates to cash credit facility and there is no agreement between the parties that it can be recovered as arrears of land revenue. In view of Full Bench decision in Sharda Devi (Smt) Vs. State of UP and others : (2001)3 UPLBEC 1941 such a recovery  can not be made as arrears of land revenue.

4. In view of aforesaid decision, the writ petition is allowed. The recovery proceedings are hereby quashed. However, it is made clear that in case any amount has been deposited in pursuance of this recovery, it will not be returned to the petitioner but will be adjusted in the amount due against the petitioner. As we have quashed the recovery as arrears of land revenue, no recovery charges shall be levied against the petitioner. It will also be open to the Bank to recover the amount in accordance with law.

Date: 15.12.2005

SKS


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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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