- (1.) The writ petitioner has impugned a proceeding in Case No. 5/95 before the Assistant Collector and Magistrate, Sikar, wherein by an order dated 17.11.94 without determining the exact amount due from the petitioner, compliance of warrant of attachment was directed to be made and ultimately, by order dated 26.12.94, a direction was issued for holding the auction on 4.9.95. The proclamation was issued on 26.7.95.
(2.) The petitioner contends that he is an agriculturist and he was granted as many as four loans by the Punjab National bank through its Palsana Branch. The first loan was for a tractor, for Rs. 1,06.000/- payable in 14 half yearly instalments of Rs. 7,786/- each along with interest @ 12-1/2% per annum, which was to commence with effect from July, 1990. The agreement for the term loan is dated 20.9.1989. Second loan was for Trolly, for Rs. 12,600/-, which was payable in 10 half yearly instalments of Rs. 1,260/- each and interest @ 12% per annum was agreed and this loan was to be disbursed directly to the dealer as per the agreement dated 23.8.90. The third loan was for sprinkler for Rs. 17,400/- which was payable in 11 annual instalments of Rs. 1,582/- along with interest @ 10% per annum with half yearly rests commencing from July, 1990. It was to he disbursed directly to the supplier as per agreement dated 9th October, 1989. The fourth loan was for agricultural production for Rs. 7,500/- payable in the month of February, 1991 with interest @ 10% per annum with half yearly rests as per agreement dated 26th July, 1990. It is unnecessary to note the averments made by the writ petitioner that he was not made aware of the terms of the agreement and that he did not understand the terms of the loan or that he did not have a copy of the documents regarding the loan agreement. It is an undisputed fact that the writ petitioner made defaults in repayment of the loan even though he made deposits of certain amounts as per his own averments.
(3.) Respondent No. 2, Punjab National Bank, Palsana, resorted to a proceeding under the Rajasthan Agricultural Credit Operations (Removal of Difficulties) Act, 1974 (hereinafter referred to as 'the Act').;