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2006 Supreme(MP) 787

A.K.PATNAIK, AJIT SINGH
Manoj Tarwala – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
A.P.Shroti, Sanjay K.Agrawal, Sharad Verma, V.S.SHROTI,

Judgment

( 1. ) THE petitioner had availed a cash credit limit of Rs. 10 lakhs against the security of mortgage of his property for his business from the Citizen Cooperative Bank Limited, Burhanpur, District Burhanpur, M. P. (for short the Cooperative Bank ). A revenue recovery certificate, dated 23-3-2005 was issued by Tehsildar, Burhanpur under the M. P. Land Revenue Code, 1959 (for short the Land Revenue Code) to recover an amount of Rs. 11,26,796/- in the said cash credit account due from the petitioner. The petitioner filed a writ petition in this Court registered as W. P. No. 1711 of 2005, contending inter alia that the said amount said to be due from the petitioner can only be recovered under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short the 1993 Act) and that the Tehsildar had not jurisdiction to issue the aforesaid recovery certificate under the Land Revenue Code. By order dated 7-4-2005, a learned Single Judge of this Court disposed of the said W. P. No. 1711 of 2005 with the direction that the petitioner would be at liberty to file an objection raising this jurisdictional issue. Thereafter, the petitioner filed a detailed representatio








































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