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2005 Supreme(UK) 521

CYRIAC JOSEPH, RAJESH TANDON
Sushil Kumar – Appellant
Versus
State Bank of India – Respondent


Advocates appeared:
Sri M.C. Bansal, Advocate for the 'petitioner.
Sri S.K. Jain, Advocate for the respondent No. 1.

JUDGEMENT

Cyriac Joseph, C.J.

1. The challenge in this writ petition is against Annexure 1 Recovery Citation dated 15-07-2005. According to the petitioner, the loan taken by him from the first respondent Bank was under the Prime Minister's Rojgar Yojana and not under any 'state sponsored scheme' as defined in Section 2(g) of the U.P. Public Moneys (Recovery of Dues) Act, 1972 and therefore, the loan amount cannot be recovered from him invoking the provisions of Section 3 of the said Act.

2. Section 2(g) of the U.P. Public Moneys (Recovery of Dues) Act, 1972. defines 'state sponsored scheme' as follows :

"2(g) "State-sponsored scheme" means a scheme sponsored by way of financial assistance by the State Government under which the State Government either advances money to a banking company or a Government company for the purpose of disbursing loans, advances or grants or for purpose of sale of goods on credit or hire-purchase or guarantees or agrees to guarantee the repayment of a loan, advance or grant or the payment of the price of goods sold on credit or hire-purchase and includes any other scheme of financial assistance, by a banking company or a Government company, which is decl


















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