SAWAI KHAN Vs. ALLAHABAD BANK

JUDGEMENT

(1.) THIS petition has been filed challenging the recovery proceedings initiated by the respondent Bank against the petitioner following the default made by the petitioner in repayment of loan advanced to the petitioner.

(2.) THE case of the petitioner is that the respondent Bank never informed the petitioner about the outstanding amount and wrongly computed the interest and the respondent Bank has wrongly resorted to recovery proceedings under the provisions of the Rajasthan Agriculture Credit Operation (Removal of Difficulties) Act, 1974 (herein after the Rs.1974 Act') before the Sub Divisional Officer Ajmer seeking recovery of Rs.2,96,931/- plus interest @ 17.5% effective 1-4-2002. It is submitted that the demand made by the Bank before the Sub Divisional Officer Ajmer was wholly arbitrary as the Bank failed to make adjustment towards the amount deposited by the petitioner against the loan advanced for purchase of tractor and trolly which were hypothecated and petitioner's land khasra No.1179, 4344, 4354, 1740, 1741, 4276, 4279, 4280, 4482 and 4483 measuring 50 bighas 13 biswas were mortgaged. The Sub Divisional Officer on the request by the Bank issued notice to petitioner for his appearance before the Sub Divisional Officer. The petitioner appeared before the SDO and expressed his desire to compromise the matter with the Bank, where upon the SDO allowed the petitioner two months time to deposit the outstanding amount with the Bank.

(3.) IN the facts of the case, I find that there is no material before this court to adjudicate the present writ petition. Foundational facts necessary to enable scrutiny of the nature and content of the rights of the petitioner have not been detailed in the petition. The writ petition is thus liable to be dismissed.