REGENT COMPUTRONICS PVT. LTD.

TRIJUGI NARAIN Appellant

V/S

GORAKHPUR KSHETRIYA GRAMIN BANK Respondents

Referred Judgements :-

DUPARQUET V. EVANS [REFERRED TO]
RAIS AHMAD V. COLLECTOR,ALLAHABAD [REFERRED TO]
SURAJ MALI MOHTA AND CO VS. A V VISVANATHA SASTRI [REFERRED TO]
STATE OF ORISSA VS. DHIRENDRANATH DAS [REFERRED TO]
MANNA LAL VS. COLLECTOR OF JHALAWAR [REFERRED TO]
JAGANNATH PRASAD SHARMA VS. STATE OF UTTAR PRADESH [REFERRED TO]
LACHHMAN DASS ON BEHALF OF FIRM TILAK RAM RAM BUX NAND RAM TULSI RAM TILAK RAM RAM BUX VS. STATE OF PUNJAB:STATE BANK OF INDIA [REFERRED TO]
STATE OF ORISSA VS. BIDYABHUSHAN MOHAPATRA [REFERRED TO]
BANARSI DASS VS. CANE COMMISSIONER UTTAR PRADESH [REFERRED TO]
P VAJRAVELU MUDALIAR MOST REV DR L MATHIAS VS. SPECIAL DEPUTY COLLECTOR FOR LAND ACQUISITION WEST MADRAS [REFERRED TO]
STATE OF MADRAS VS. G SUNDARAM [REFERRED TO]
STATE OF PUNJAB VS. KHAN CHAND: RAM CHANDER JAGDISH CHANDER [REFERRED TO]
MAGANLAL CHHAGANLAL PRIVATE LIMITED PARWATIBAI PUNDALIK LEGAD UMAR HABIB BIBI BATOOL PARWATIBAI PUNDALIK LEGAD VS. MUNICIPAL CORPORATION OF GREATER BOMBAY:THE PRINCIPAL JUDGE CITY CIVIL COURTS:J R VIMADALAL:ENQUIRY OFFICER:THE PRINCIPAL JUDGE CITY CIVIL COURTS [REFERRED TO]
FATEHCHAND HIMMATLAL MAHADEO VS. STATE OF MAHARASHTRA [REFERRED TO]
PATHUMMA K M KUNHAHAMMAD VS. STATE OF KERALA [REFERRED TO]
MANEKA GANDHI VS. UNION OF INDIA [REFERRED TO]
JAI DATT VS. STATE OF UTTAR PRADESH [REFERRED TO]
DIRECTOR OF INDUSTRIES U P OTHERS VS. DEEP CHAND AGARWAL [REFERRED TO]
RAM NARAYAN AGARWAL VS. STATE OF UTTAR PRADESH [REFERRED TO]
KHAZAN CH VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]
STATE OF UTTAR PRADESH VS. BHUPAT [REFERRED TO]
SURENDRA KUMAR VS. STATE OF BIHAR [REFERRED TO]
STATE OF MAHARASHTRA MUNICIPAL CORPORATION OF GREATER BOMBAY MUNICIPAL CORPORATION OF GREATER BOMBAY VS. KAMAL SUKUMAR DURGULE:SHRI RAM SHIROMAN KAWALESHWAR:SAIFUDDIN FIDAHUSEIN RETIWALA [REFERRED TO]
STATE OF UTTAR PRADESH VS. SURAIN SINGH [REFERRED TO]
BABUBHAI AND COMPANY VS. STATE OF GUJARAT [REFERRED TO]

JUDGEMENT

(1.) This bunch of writ petitions challenges the validity of S.11A of the U.P. Agricultural Credit Act, 1973 (U.P.Act No. 19of 1973), hereinafter referred to as 'the Act' which provides for recovery of loans advanced by a Bank to an agriculturist by way of financial assistance. Common questions of law are since involved in these cases, we propose to take the writ petitions Nos. 9545 of 1984,Trijugi Narain Tewari and others v. Gorakhpur Kshetriya Gramin Bank and another, and No. 5588 of 1984, Kashmira Singh v. State of U. P. and others, as leading cases. It would suffice to mention the facts of only one of them.

(2.) Trijugi Narain Tewari and others took a loan of Rs. 40,000/- from Gorakhpur Kshetriya Gramin Bank for purchasing a tractor, on May, 2,1980, The petitioners were required to deposit the entire amount in six monthly instalments. The payment of the last instalment had to be made by December. 1985. Each instalment was of Rs.4000/-. Out of this, Rs. 13,400/- was paid. Under R. 27 of U.P. Agricultural Credit Rules, 1975 (hereinafter referred to as the Rules), a recovery certificate was issued for the recovery of a sum of Rs.50,559.80 paise. This certificate was issued in Form "F" under S.11A of the Act. Before issuing the recovery certificate, no other mode of recovery was resorted to.

(3.) Chapter 4 deals with recovery of dues by Banks. The relevant sections of this Chapter which provide for the same are Ss.10A, 10B, 11 and 11A. The main thrust of the argument of the petitioner was that out of these four sections, the procedure of recovering the loan by sending a recovery certificate to the Collector under S.11A was more harsh and in the absence of any guide line as to when should the procedure of recovery under S.11A be resorted to, the same is violative of Art.14 of the Constitution.

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TRIJUGI NARAIN Vs. GORAKHPUR KSHETRIYA GRAMIN BANK

Referred Judgements :-

JUDGEMENT

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