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1999 Supreme(All) 87

V.P.GOEL, R.S.DHAVAN
RAFEEQ AHMAD – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
Shailendra Prakash

( 1 ) THE petitioner, Rafeeq Ahmad, borrowed money from the Bank of Baroda, branch Mooratganj, District Kaushambi. In the writ petition no details have been given on when exactly the loan was taken and the amount taken against the loan. A perusal of the writ petition itself reveals that the petitioner had no intention to return the loan. The record speaks for itself that in 1984 respondent No. 3, Manager, Bank of Baroda, branch Mooratganj, District Kaushambi, filed suit No. 40 of 1984 before the Additional Civil Judge, Allahabad. The suit was decreed by the VIII Additional Chief Judicial Magistrate, Allahabad. The ex-parte decree against the petitioner is dated 12-1-1995. The suit was decreed for a sum of Rs. 42,240. 95. The Execution case was numbered as case No. 3 of 1996. The execution of the decree was put in motion. The petitioner has knowledge of it as he has appended papers relating to the execution of the decree along with this petition. Yet, the petitioner wouldnot discharge the loan nor satisfied the decree on the suit which has been decreed. As if this was not enough to bring the litigation to an end, the petitioner was avoiding satisfaction of the decree arisen out of t





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