LALTA PRASAD SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Lallan Chaubey, learned counsel for the petitioner. Sri Tripathi has appeared for respondent No. 3, State Bank of India. Petitioner has filed this writ petition assailing judgment and order dated 27.7.2011 passed by Civil Judge (S.D.), Varanasi in Original Suit No. 1099 of 2010 and the appellate order thereto dated 20.3.2012 passed by the Additional District Judge, Court No. 14, Varanasi. The Courts below by the aforesaid orders have refused to grant injunction in favour of the petitioner in the aforesaid suit.

(2.) Petitioner had taken a loan of Rs. 3,70,000/- from the State Bank of India for purchasing a tractor. On account of nonpayment of instalments a recovery has been issued against him. Therefore, he instituted suit for permanent injunction. In the suit, he filed an application for interim injunction restraining the bank and State authorities from recovering the loan amount.

(3.) The injunction application has been rejected by the Court of first instance, besides other things, on one of the grounds that as the recovery certificate has already been issued by the Collector, no injunction can be granted in view of Order XXXIX Rule 2(2)(g) of C.P.C. as amended by U.P.State Amendment Act, 1976. On merits the Court of first instance held that there is no prima facie case and balance of convenience in favour of the petitioner. This order has been affirmed by the appellate Court.