S.R.ALAM, ALOK ARADHE
Sadhna Chourasia – Appellant
Versus
Punjab National Bank – Respondent
S.R. Alam, C.J.
1. This intra-Court appeal preferred under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalay (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 arises out of order dated 4-10-2007 passed by learned Single Judge in Writ Petition No. 27997/2003.
2. Facts leading to filing of the instant appeal, briefly stated, are that the Respondent No. 1 sanctioned a loan to the tune of Rs. 1.5 lacs to the Appellant for purchase of Tractor & Trolley. The Appellant mortgaged the land admeasuring 5.70 hectares situate at Village Badikheri, District Mandla with the Respondent No. 1 by way of security for loan. The Appellant committed default in repayment of the amount of loan as a result of which proceedings were initiated for recovery by the Respondent No. 1-Bank. Consequently, Revenue Recovery Certificate (RRC) was issued on 17-12-1996 under Section 3 of the Madhya Pradesh Lok Dhan (Shodhya Rashiyon Ki Vasuli) Adhiniyam, 1987 (hereinafter referred to as 'the 1987 Act') for recovery of amount of Rs. 3,19,289/- together with interest. Aggrieved Appellant filed an objection to RRC on the ground that proceedings in question since have been initiated beyond the period of limitation as loan
1. Nagpur Improvement Trust v. Vasantrao and Ors. (2002) 7 SCC 657;
3. M.M.T.C. Limited v. Commissioner of Commercial Tax and Ors. (2009) 1 SCC 8;
5. Manharlal Uttamchand Awal v. State of M.P. and Ors. 1978 MPLJ 113;
8. Manoj Kumar v. Board of Revenue and Ors. AIR 2008 MP 22;
12. Kalyani v. Janak C. Mehta and Ors. (2009) 1 SCC 516;
13. Raj Kumar v. State of (NCT of Delhi) and Anr. (2009) 6 SCC 72;
15. Girnar Traders v. Stale of Maharashtra and Ors. AIR 2007 SC 3180
2. Ambati Narasayya v. M. Subba Rao and Anr. AIR 1990 SC 119;
11. Raymond Limited and Anr. v. State of Chhattisgarh and Ors. (2007) 3 SCC 79; R.
14. Mahindra and Mahindra Ltd. v. The Union of India and Anr.
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