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2017 Supreme(UK) 368

K.M.JOSEPH, V.K.BIST
Rattandeep Singh – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Neeraj Garg, Advocate
For the Respondent:Mr. Vikas Pandey, Standing Counsel, Mr. V.K. Kohli, Senior Advocate, assisted by Ms. Rajni Supyal, Advocate, holding brief of Mr. I.P. Kohli, Advocate

JUDGMENT :

K.M. Joseph, C.J.

Appellant is the writ petitioner. Appellant availed a loan for the purpose of opening a dairy farm and purchase of milk cattle in order to open this dairy farm. Consequent upon there being default in repayment of the loan, proceedings were initiated by the bank against the appellant for recovery of the amount outstanding. Before the learned Single Judge, we notice from the judgment, the argument of the appellant was that the loan was a commercial term loan and, therefore, it could not be recovered as arrears of land revenue.

2. On the other hand, the respondent Bank took shelter under the provision of Section 11-A of the Uttar Pradesh (Uttarakhand) Agricultural Credit Act, 1973. The said provision reads as follows:

“11.A. Recovery in the case of personal security. – (1) Where any amount of financial assistance is granted by a bank to an agriculturist and the agriculturist fails to pay the amount together with interest on the due date, then without prejudice to the provisions of Section 10-B and 11, the local principal officer of the bank by whatever name called may forward to the Collector a certificate in the manner prescribed specifying the amount due fro


































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