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2010 Supreme(MP) 772

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


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Advocates Appeared:
Vivek Rusia for appellant;
Rajesh Maindiretta for respondent No.1 and Ashok Lalwari for respondent No.4.

ORDER

S.R. Alam, C.J.-- 1. This intra-Court appeal preferred under section 2 (1) of the Madhya Pradesh Ucchha Nyayalay (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 arises out of order dated 4.10.2007 passed by learned Single Judge in Civil 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 situated 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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