High Courts(1995) 10 AHC CK 0039

Badlu Ram vs Union Bank of India & Ors.

Allahabad High Court · Decided on 31 October 1995

HON’BLE JUDGES
S.C.Verma, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 2218 (M/s) of 1995

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Judgment

4 paragraphs · 191 words

S.C. Verma, J.—The present petition is directed against the recovery proceeding initiated at the instance of Union Bank of India, Dewan, districtBarabanki, for the recovery of loan advanced to the petitioner for purchase of a Tractor. The Bank authorities had issued recovery certificate and thereafter necessary citation was issued. A notice under Z. A. Form No. 74 has also been issued for auction of the mortgaged plots.

2.

The petitioner has challenged the amount shown ir the above notice on the ground that he is not liable to pay the compound interest against the agricultural loan under State Government Sponsored Scheme.

3.

Without entering into the merits of the case, I am of the opinion that as the petitioner is disputing his liability to pay and the recovery proceedings have already been initiated and notice under Z. A. Form No. 74 has been issued for auction of the mortgaged plots, I am not inclined to interfere in exercise of my jurisdiction under Article 226 of the Constitution. The petitioner has an alternative remedy of filing civil suit or such other remedy as provided under law.

4.

The petition is accordingly dismissed.