DEV NARAIN Vs. U P CO OPERATIVE LAND DEVELOPMENT BANK
LAWS(ALL)-1992-8-18
HIGH COURT OF ALLAHABAD
Decided on August 28,1992

DEV NARAIN Appellant
VERSUS
U P Co Operative Land Development Bank Respondents

JUDGEMENT

- (1.) Devnarain, the Petitioner is an agriculturist at village Kunwarpur Tulsipatti, Post Office, Bhatpura, tahsil Nawabganj district Bareilly. As there is a scheme of the State Government to provide loans to agriculturists. The Petitioner applied for a loan for Rs. 5000/- from the U.P. Cooperative Land Development Bank, Nawabganj, district Bareilly for the purchase of a eight horse power pumping set and an engine. The loan was sanctioned and the pumping set was to be delivered by one Messrs Kapoor Traders, Nawabganj, Bareilly, a dealer assigned by the Bank to supply the pumping set and the engine. The payment by a bank draft was sent by the Bank to the dealer, aforesaid.
(2.) In the petition it is submitted that the dealer postponed the date of the delivery of the engine on one pretext and another and the pumping set and the engine was never supplied.
(3.) On March 4, 1975 an advertisement appeared in the paper 'Amar Ujala', Bareilly as a citation that for not paying the loan, the Petitioner's Bhumidhari Land would be subjected to be a public auction as a consequence of the recovery proceedings initialed, by the Collector. The Petitioner protested against the recovery proceedings on the plea that he had not even been supplied the pumping set and the engine for which purpose the loan was granted.;


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