Vinod Kumar vs Union Bank of India and Another

Rajesh Tandon, J.—Heard Sri Mohan Chand Pande, learned counsel for the appellant and Sri B.S. Khanka, learned counsel for the respondents.

By the present appeal, the appellant has challenged the order dated 30.9.2004 by which the application 6C was rejected.

Briefly stated, the suit was filed by the plaintiff/appellant for a decree of declaration and perpetual injunction prayer to the following effect :

(a) That an order and a decree of declaration may be passed in favour of the plaintiff and against the defendants that the loan in question is a commercial loan.

(b) That an order and a decree of perpetual injunction may be passed in favour of the plaintiff and against the defendants, their officers, employees, agents, assignees etc. that they be restrained from initiating any proceeding in respect of the loan in question against the plaintiff under the U. P. Agricultural Credit Act.

(c) That the cost of litigation be awarded to the plaintiff.

(d) That any other relief that the Hon''ble Court deems fit in the facts and circumstances, may be awarded to the plaintiff.

Along with the suit, the plaintiff has also filed an application for temporary injunction. The temporary injunction application of the appellant/plaintiff was dismissed by the Civil Judge (S.D.), Rudrapur, on 30.9.2004.

At the time of entertaining the appeal, a direction was issued on 21st December, 2004 by this Court for depositing a sum of Rs. 8,00,000 (eight lacs) in this Court within a period two weeks,

Both the parties have submitted before this Court that the said order has not been complied with and the amount has not been deposited.

We have perused the record. From the plaint averments it appears that the appellant had taken a loan of Rs. 15,00,000 (fifteen lacs) from Union Bank of India, Civil Lines, Rudrapur, district Udham Singh Nagar under cash credit limit, but due to financial condition of the appellant, he could not regularly deposit the amount.

From paragraph 4 of the plaint, it appears that the loan amount to the cash credit limit was due against the plaintiff to the extent of 17,55,595.15 paise as on 31.3.2004.

Learned counsel for the . plaintiff/appellant has submitted that the cause of action for the suit arose on account of notices issued for recovery of the amount under U. P. Agricultural Credit Act, 1973.

Since the suit is already pending, it will be open for the appellant to raise all the questions in the suit itself. The trial court shall frame issues in accordance with the pleadings of the parties. The suit having been filed, all the defences are available with the plaintiff, and the same shall be decided by the civil court.

In view of the aforesaid facts and circumstances, both the parties have submitted that let the suit be decided within a period of three months.

We direct the civil Judge to decide the suit within a period of three months.

However, while deciding the suit itself any findings recorded while deciding the injunction application will not come in the way of the plaintiff/appellant.

The appeal is disposed of accordingly.