Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 6700 of 2018 Petitioner :- Avadhesh Kumar Respondent :- M/S Magma Fincorp Ltd. Registered Office And 3 Others Counsel for Petitioner :- Veerendra Kumar Shukla Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner.
The petitioner is before this Court assailing the order dated 4.7.2018 passed by the District Judge, Banda in Execution Case No.98 of 2015 (Magma Fincop Ltd vs. Avadhesh Kumat) as well as citation dated 30.7.2018 issued by the Tehsildar, Tehsil Sadar, District Banda.
The Court has proceeded to examine the record in question and finds that the petitioner had taken a loan from the first respondent, finance company on 21.8.2013 for purchasing a tractor (Tafe). He made defaults in repayment of the loan amount. Consequently, as per loan agreement, the claim petition was preferred by the respondent before the sole arbitrator and the same was decided ex-parte against the petitioner on 3.6.2015. Thereafter, the first respondent filed an execution application under Section 36 of Arbitration and Conciliation Act, 1996 before the District Judge, Banda and the same was registered as Execution Case No.19 of 2015. By the impugned order dated 4.7.2018 the District Judge, Banda has issued the recovery certificate to the Collector, Banda for recovering the amount in question from the petitioner as arrears of land revenue. In pursuance of the aforesaid order, the Tehsildar, Sadar, District Banda has issued the citation dated 30.7.2018 for a sum of Rs.3,20,838/- plus other recovery charges. Admittedly, the award dated 3.6.2015 is still intact and the same has not been assailed before this Court in First Appeal From Order. In such situation, the impugned citation issued by the Tehsildar, Sadar, District Banda in Execution Case is fully sustainable and as such, no interference is required.
Consequently, the writ petition is dismissed.
However, dismissal of the case would not come in the way of the petitioner to assail the validity of the award in question before the appropriate forum.
Order Date :- 11.9.2018 RKP