NISHA SRIVASTAVA Vs. UNITED COMMERCIAL BANK

JUDGEMENT

(1.) PRESENT petition is filed by the petitioner stating that a commercial loan was taken by the Chitransh Herbal Group in the shape of cash credit limit and over -draft facilities on 02.08.2007, outstanding amount of commercial loan cannot be recovered by invoking provisions of U.P. Public Moneys (Recovery of Dues) Act, 1972.

(2.) COUNTER affidavit has been filed by the respondent no. 1 bank stating therein that M/s Chitransh Herbal Group is a partnership firm and is engaged in manufacturing of organic manures and supply of herbal seedlings, therefore, loan advanced to M/s Chitransh Herbal Group was agricultural loan, therefore, provisions of Uttar Pradesh Agricultural Credit Act, 1973 are applicable in the present case. Thus, outstanding amount can be recovered as arrears of land revenue under the provisions of U.P. Agricultural Credit Act, 1973.

(3.) TO find out under which provision of law recovery certificate was issued, learned State counsel was directed to produce photostat copy of the recovery certificate allegedly issued by the bank.