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2006 Supreme(All) 3267

JANARDAN SAHAI
JUJHAR SINGH – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates appeared:
K. Ajit for the Petitioner; G.N. Verma, Ashok Narayan Shukla, Kuldeep Saxena, Pradeep Kumar, C.S. Agnihotri, Ms. Madhu Tandon, S.C. for the Respondents.

JUDGMENT

Hon’ble Janardan Sahai, J.—The petitioner is the guarantor of a loan taken by the respondent No. 6 from the Bank of Baroda. The loan was taken for poultry farming. It appears that the respondent No. 6 defaulted and consequently recovery proceedings were initiated against the petitioner as well as against the respondent No. 6 by means of a recovery certificate issued on 22.9.1998. This certificate was issued by the Bank and sent to the Collector under the provisions of Section 11-A of the U.P. Agricultural Credit Act for recovery of the dues as arrears of land revenue. The Parliament has also passed an Act known as the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as the R.D.B. Act). This Act applies to recovery of debts of not less than Rs. 10 lacs due to a bank or a financial institution. Section 17 of the Act provides for the establishment of a Tribunal to entertain and decide applications of banks and financial institutions in respect of recovery of debts. Section 18 of the Act provides that no other court or authority except the Supreme Court and High Court under Article 226 would have jurisdiction, power or authority over
























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