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1985 Supreme(All) 268

K.C.AGRAWAL, UMESH C.BANERJEE
TRIJUGI NARAIN – Appellant
Versus
GORAKHPUR KSHETRIYA GRAMIN BANK – Respondent


Advocates Appeared:
RAKESH DWIVEDI

K. C. AGRAWAL, J.

( 1 ) THIS bunch of writ petitions challenges the validity of S. 11a of the U. P. Agricultural Credit Act, 1973 (U. P. Act No. 19of 1973), hereinafter referred to as the Act which provides for recovery of loans advanced by a Bank to an agriculturist by way of financial assistance. Common questions of law are since involved in these cases, we propose to take the writ petitions Nos. 9545 of 1984,trijugi Narain Tewari and others v. Gorakhpur Kshetriya Gramin Bank and another, and No. 5588 of 1984, Kashmira Singh v. State of U. P. and others, as leading cases. It would suffice to mention the facts of only one of them.

( 2 ) TRIJUGI Narain Tewari and others took a loan of Rs. 40,000/- from Gorakhpur Kshetriya Gramin Bank for purchasing a tractor, on May, 2,1980, The petitioners were required to deposit the entire amount in six monthly instalments. The payment of the last instalment had to be made by December. 1985. Each instalment was of Rs. 4000/ -. Out of this, Rs. 13,400/- was paid. Under R. 27 of U. P. Agricultural Credit Rules, 1975 (hereinafter referred to as the Rules), a recovery certificate was issued for the recovery of a sum of Rs. 50,559. 80 paise. This cer










































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