CENTRAL BANK OF INDIA Vs. SANDEEP ANAND PATHARE

JUDGEMENT

(1.) HEARD the Advocate for the Plaintiff and Defendant in person, i.e. the Defendant argued his own case without engaging any Advocate. In this case by an Order dated 22/4/1992 appointment of Receiver was made for the limited purpose of making inventory of the articles referred to in Exhibit 'G' of the plaint.

(2.) ACCORDINGLY the Receiver visited the suit premises of the defendant on 20th May, 1992 and made an inventory, a copy of which is submitted to me during the arguments by the Plaintiff's counsel. The plaintiff is praying for empowering the Receiver to sell this property, the defendant flatly refused to have taken any loan from the Bank. He contended that he had opened only the Current Account in the plaintiff Bank and had never incurred any loan. Advocate for the plaintiff produced all the original documents of loan during the arguments. Inspection of these documents was given to the defendant long back. I confronted the defendant with those documents but even then he denied to have taken loan.

(3.) THE defendant relied upon two judgments of the Apex Court in Civil Appeal No.4426 of 1985 arising out of S.L.P.(Civil) No.5142 of 1979. On the basis of these Judgments the defendant contended that Agro Service Centres are given protection on the basis of these judgments. The second Order, in this matter is dated 31st March, 1993. As per para 3 of this Judgment at page 11, the Supreme Court directed that whether any Agro Service Center is functioning as on 1st March, 1993 or was close prior to the said date shall be decided by the concerned Bank on the basis of documentary evidence and in case if any dispute, it shall be to either party to approach the District Level Appraisal Committee constituted under the revised scheme and the decision of the District Level Appraisal Committee shall be final. However, the Judgment nowhere says that entire loan advanced to the Agro Services Centers is to be given up by the Financial Institutions. There are directions in clause-2 that the loan amount due shall be recoverable in accordance with law. The whole Judgment aims at giving benefit or concession to the Agro Service Centers regarding interest charged.