IQBAL NASEER USMANI Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant obtained a loan of Rs. 64,000/- from the first respondent on 30-5-1981 for the purchase of a motor vehicle under the terms of agreement between the appellant and the first respondent. The loan had to be discharged by payment of certain instalments. The appellant defaulted in repayment of this loan. First respondent filed Regular Suit No. 66 of 1991 for recovering the amount of Rs. 2,48,438.64 p. which represented the unpaid amount of loan together with accumulated interest thereon. The Civil Court by a decree dated 28-11-1995, decreed the said amount. The appellant filed an appeal against the said decree in Forma Pauperis with an application for being declared as a pauper. This application was rejected by the appellate court by order dated 4-4-2002.

(3.) Instead of executing the decree obtained against the appellant, the first respondent approached the Tehsildar, Gonda for issuing a certificate of recovery under the provisions of Section 3 of the Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972 (hereinafter referred to as the Act for short). The appellant was called upon to appear before the Tehsildar in connection with the amount claimed by the first respondent-Bank. Since the appellant failed to appear before the Tehsildar, a warrant was issued by the Tehsildar against the appellant to appear before the Tehsildar regarding recovery of the decretal amount. The appellant challenged the action taken by the Revenue Authority by his Writ Petition No. 4294 of 2004. The High Court dismissed the writ petition as devoid of merit. The appellant is before this Court to impugn the said judgment of the High Court.