SANAD KUMAR NIRANJAN Vs. COLLECTOR

JUDGEMENT

(1.) In this writ petition the short question for decision is whether a recovery certificate under the U. P. Public Moneys (Recovery of Dues) Act, 1972 (hereinafter referred to as "the Act of 1972"), can be issued in view of the appeal pending in respect of that amount which is covered under the recovery certificate before the appellate court after the suit has been decreed by the lower court. The facts of this case are briefly stated hereunder :

(2.) It appears that petitioners Nos. 1 and 2 took a loan of Rs. 1,00,000 on May 4, 1979, from respondent No. 3, Bank of Baroda, Orai, which was repayable in 36 instalments for the purchase of a truck. Respondent No. 3 filed a suit and the learned Civil Judge, Jalaun, decreed it. The appeal was filed against the aforesaid order and the same is still pending.

(3.) The petitioners have filed the present writ petition for issuing a writ in the nature of certiorari quashing the recovery certificate dated May 25, 1995, and the citation dated July 5, 1995.