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2010 Supreme(MP) 769

S.R.ALAM, ALOK ARADHE
Sadhna Chourasia – Appellant
Versus
Punjab National Bank – Respondent


ORDER

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





















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