B.S.CHAUHAN
Bhola Singh – Appellant
Versus
Prescribed Authority, Tehsildar – Respondent
(2). Petitioners grievance is that he had taken the loan to the tune of Rs. 1,50,000/- on 10.6.1994, which had to be paid in half-yearly instalments. Petitioner could not deposit the instalments in time, proceedings have been initiated against him under the provisions of the Act on 1.4.1998. Till today, no final order has been passed. No order of sale of movable/immovable properties has been passed. The instant petition has been filed for quashing the said proceedings for recovery.
(3). Two main grounds have been taken in the petition. Firstly, that in Corporation Bank vs. D.S. Godwda (1), the Honble Supreme Court has held that charging interest above 12.5% is excessive and unfair in case of agricultural loan. Secondly, this Court has already entertained a petition, i.e., S.B. Civil Writ Petition No. 2154/ 1998 and pa
1. Corporation Bank vs. D.S. Godwda (1994 (5) SCC 213)
2. State Bank of Patiala vs. Harbans Singh (1994 (3) SCC 498)
3. Central Bank of India vs. Ravindra and others (1996 (5) SCC 279)
4. Canara Bank vs. P.R.N. Upadhyaya and another (1998 (6) SCC 526)
5. Noida Entrepreneurs Association vs. U.P. Financial Corporation (1994 (Suppl.) 2 SCC 108)
8. Larson & Tubro vs. State of Gujarat (1998 (4) SCC 387)
9. National Building Construction Corporation vs. S. Raghunathan & Ors. (1998 (7) SCC 66)
10. Ram Narain Arora vs. Asha Rani and others (1999 (1) SCC 141)
12. M/s. Vinod Trading Company vs. Union of India and others (1982 (2) SCC 40)
14. Vishnu Traders vs. State of Haryana and others (1995 (Suppl.) 1 SCC 461)
17. Re: Sanjiv Dutta (1995 (3) SCC 619)
6. State Bank of India vs. Y. Venketashwara Rao (1999 (1) JT 145)
7. Bharat Singh vs. State of Haryana (A.I.R. 1988 SC 2181)
13. Bir Bajrang Kumar vs. State of Bihar and others (A.I.R. 1987 SC 1345)
16. Hotel Balaji vs. State of Andhra Pradesh and others (A.I.R. 1993 SC 1048)
18. Mohd. Swalleh vs. Third Additional District Judge, Meerut
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