JUDGMENT

The above writ petition is filed challenging Exts.P2,P3 and P5 and for a consequential direction to the respondents not to recover any collection charges form the petitioner for amounts collected outside the ambit of Revenue Recovery Act 1968 and Rules thereunder.

2. It is averred that the petitioner is a banking company and in relation to the recovery dues from one Joseph Kurian and Shibu Thomas towards the loan availed by them the petitioner moved for revenue recovery proceedings against the defaulters since petitioner is a notified institution as per the Revenue Recovery Act , 1968. Later the Apex Court in Unique Butyl tube Industries Pvt Ltd vs. U.P Financial Corporation (2003 (2) SCC 455) held that only proceedings under the Recovery of Debts due to Banks and Financial Institutions Act, 1993 alone could be resorted for recovery of dues from defaulters exceeding Rs.20 lakhs. In view of the above said declaration of law petitioner found it impossible to recover the dues above Rs.20 lakhs through revenue recovery proceedings and accordingly revenue recovery proceedings was closed. It is submitted that no amount was recovered as per the provisions of the . It is submit