ATMA RAM MISRA Vs. BANK OF INDIA

JUDGEMENT

(1.) A very short point has arisen in this case. The suit was filed by the appellant. He had admitted that he had taken a loan from the Bank for extension of his cold-storage. The Bank had started the recovery proceeding under the U. P. Agricultural Credit Act, 1973 (hereinafter referred to as Act). The plaintiff had alleged that he had taken a loan as Small Scale Industrial Unit and not as a agriculturist, hence it was prayed before the lower court that the loan taken was not recoverable under the Act. The plaintiff had prayed for a temporary injunction before the lower court. The learned Ilnd Additional Civil Judge, Farrukhabad, had rejected the petition for interim injunction. Aggrieved by this order the plaintiff has come up in appeal.

(2.) IT has been argued on behalf of the appellant that the Annexure CA-1 to the Counter Affidavit bears the heading "Application for Financial Assistance to a Small - Scale Industrial Unit". IT was, therefore, urged that this means that cold storage was a Small - Scale Industrial Unit and was not a loan under the Act.

(3.) BEFORE discussing the matter involved in this case we may quote the definition of 'agriculture', 'agricultural purpose' and 'agriculturist' as given in sub-sections (a) and (b) of section 2 of the Act. It reads as under :-