SARVAN KUMAR Vs. STATE

JUDGEMENT

(1.) The petitioner took Cash Credit Facilities from the respondent no.2- Syndicate Bank, Branch Farrukhnagar, Ghaziabad. The proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 were initiated by the respondent no.2- Syndicate Bank, Farrukhabad, Ghaziabad against the petitioner. Notice dated 30.9.2010 under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 was issued to the petitioner.

(2.) Further, the Sale Notice dated 21.1.2011 has also been issued to the petitioner. In the meantime, the petitioner has received a citation dated 3.2.2011. The petitioner has filed the present Writ Petition making following prayer:

(3.) It is submitted by Sri Satish Kumar Tyagi, learned Counsel appearing for the petitioner that the Cash Credit Facility taken by the petitioner was not under any State Sponcered Scheme and, therefore, the amount due in respect of the said facility could not be recovered as arrears of land revenue under the U.P. Public Moneys (Recovery of Dues) Act, 1972. The citation dated 3.2.2011 was, thus, wrongly issued to the petitioner and the same is liable to be quashed.