HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- WRIT - C No. - 30429 of 2011 Petitioner :- M/S Singh Automobiles Fatehpur Respondent :- State Of U.P. Thru Secy. And Others Petitioner Counsel :- Ratnesh Kumar Pandey Respondent Counsel :- C.S.C.,D.P. Singh Hon'ble Satya Poot Mehrotra,J.
Hon'ble Rajesh Chandra,J.
It is submitted by Shri Ratnesh Kumar Pandey, learned counsel for the petitioner that the petitioner took Cash Credit Facility from the respondent no.3-District Cooperative Bank Limited. The facility was not in the nature of agricultural loan. However, the respondent no.3-District Cooperative Bank Limited has initiated proceedings by sending Recovery Certificate to the Collector, Fatehpur purporting to be Section 11A of the U.P. Agricultural Credit Act, 1973. It is submitted that the Loan/Financial Assistance given to the petitioner was not for any agricultural purposes, and as such, the same was not covered under the provisions of Section 11A of the U.P. Agricultural Credit Act, 1973 read with Section 2 (e) of the said Act.
It is brought to the notice of this Court by Shri Ratnesh Kumar Pandey that the Recovery Certificate sent by the respondent no.3 to the Collector, Fatehpur itself mentions that the same was being sent in respect of "non agricultural loan".
Shri D.P. Singh , learned counsel for the respondent no.3 has not disputed that the loan given to the petitioner was not for any agricultural purposes. However, he submits that the respondent no.3 is entitled to send Recovery Certificate under Section 11A of the U.P. Agricultural Credit Act, 1973 even though the loan in question was for non-agricultural purposes.
However, Shri D.P. Singh, learned counsel for the respondent no.3 has not been able to place any relevant provisions in support of his submission.
The matter requires consideration.
Issue notice pending admission.
Notice on behalf of the respondent nos. 1, 2, 4 and 5 has been accepted by the learned Standing Counsel.
Notice on behalf of the respondent no. 3 has been accepted by Shri D.P. Singh.
Counter Affidavit on behalf of the respondents may be filed by 4th July, 2011.
Rejoinder Affidavit may be filed by the next date fixed in the matter.
List this case before the appropriate Bench on 19th July, 2011.
The case will be listed amongst the cases listed at the top of the cause-list of the said date.
Heard on the question of grant of interim relief.
Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, it is provided that till the next date fixed in the matter, recovery proceedings pursuant to the Recovery Certificate (Annexure 6 to the Writ Petition) will remain stayed provided within four weeks from today, the petitioner deposits an amount of Rs. 5 lacs with the respondent no. 3.
The deposit so made by the petitioner will be without prejudice to the rights and contentions of the parties involved in the present Writ Petition.
In the event of failure on the part of the petitioner in making the deposit, as directed above, this order will stand automatically vacated.
Order Date :- 24.5.2011 Ajeet