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1999 Supreme(All) 1185

D.K.SETH
RAM PHER YADAV – Appellant
Versus
UNION BANK OF INDIA, VARANASI – Respondent


Advocates Appeared:
C.B.YADAV

D. K. SETH, J.


( 1 ) THE petitioner has filed a suit challenging the recovery sought to be made by the bank. Though details or particulars of the recovery challenged in the suit has not been disclosed either in the plaint or in this application, but from Annexure-2 to this position, it appears that the recovery was undertaken by the Collector under the provisions of the U. P. Zamindari Abolition and Land reforms Act, on a certificate being forwarded to him under Section 11a of the U. P. Agricultural credit Act. 1973. Admittedly one other recovery has been challenged by the petitioner by means of a writ petition, which is pending.

( 2 ) MR. C. B. Yadav, learned counsel for the petitioner contends that the present recovery is different from that which is involved in the said writ petition. In the said writ petition, the charging of compound interest has been challenged. In the present case, the respondent had also charged interest at the compound rate which cannot be charged. The petitioner has also deposited major part of the amount. Therefore, upon challenging the recovery, he had filed an application for stay of recovery in the suit. The said application has since been dismissed b
















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