- (1.) Heard learned Counsel for the appellant and perused the record. The plaintiff-appellant challenges the judgment and decree dated 2.2.2010 passed by the Additional District Judge, Court No. 4, Moradabad in Civil Appeal No. 31 of 2004, Mahabir Singh v. State Bank of India and others arising out of the judgment and decree dated 27.4.2004 passed by the Civil Judge (Senior Division) Court No. 1, Moradabad in Original Suit No. 652 of 1998, Mahabir Singh v. State Bank of India and others.
(2.) The plaintiff-appellant has challenged the recovery certificate dated 28.7.1997 in the suit aforesaid on the ground that it is void and infructuous.
(3.) The facts of the case are that the plaintiff-appellant desired to start business of manufacturing sugar by 'Gurh', hence he applied to the U.P. Khadi Gramoudyog Board, Lucknow for recommendation to the State Bank of India to sanction him loan as he did not have any ready money to start the aforesaid business. On the recommendation of Khadi Gramoudyog Board, the State Bank of India Branch Dhanaura, District J.P. Nagar sanctioned loan of Rs. 22,900/- on 25.1.1986, which was to be repaid in six monthly instalments of Rs. 2862/- each with interest, the first instalment being due on 25.7.1986. The plaintiff-appellant did not repay the instalments of the said loan on the ground that he suffered loss in the business. As a number of instalments had fallen due which had not been repaid by the appellants, he claimed to have approached the Bank for giving the details of the amount due.;