AKHTARI Vs. DISTRICT AND SESSIONS JUDGE MUZAFFARNAGAR

JUDGEMENT

(1.) The petitioner has challenged the order dated 12.8.1999 passed in Misc. Appeal No. 153 of 1999 by the learned District Judge, Muzaffarnagar. The said order arises out of the suit being Original Suit No. 304 of 1998 pending before the learned Civil Judge, Senior Division. Muzaffarnagar. In the said suit, the petitioner had sought for an injunction in respect of the proceedings for recovery of the dues of the Bank sought to be made under Section 11A of the U. P. Agricultural Credit Act, 1973.

(2.) Mr. N. C. Rajvanshi. learned counsel for the petitioner contends that since certain properties were mortgaged as security in respect of the loan, the same cannot be recovered as arrears of land revenue in view of the Apex Court's decision. Secondly, he contends that recovery certificate was issued without giving opportunity to the petitioner which is again vitiated as has been held by the Apex Court. On these grounds, he contends that the recovery proceeding initiated against the petitioner is void ob-initio as such the civil suit is maintainable.

(3.) Shri Tarun Verma, learned counsel for respondents on the other hand contends that the question of mortgage would not be relevant for the purpose of this case in view of the provisions contained in Section 11A of the 1973 Act which does not prescribe any procedure for giving of opportunity to the creditor.