JUDGMENT A.K. Yog and V.C. Misra, JJ.
1. Heard learned Counsel for the petitioners and learned standing counsel.
2. Reliance is placed on a Division Bench decision of this Court (Annexure No. 6 to the writ petition), which is followed by a Full Bench Decision in the case of Sarda Devi v. State of U.P. and Ors. reported in 2001 (3) UPLBEC 1941. The contention of the petitioners is that recovery is in pursuance to dues, arising out of cash credit facility, and not as loan taken under State Sponsored Scheme. Learned Counsel representing the petitioners concedes that primary liability to pay amount of Rs. 10,00,000/- and odd is of the principal borrower (one of the petitioners). The petitioners have approached this Court under Article 226, Constitution of India and, therefore, we are not bound to interfere in view of the admitted liability. Bank extended loan facility against public money. If such arrears are not recovered expeditiously. Government/Bank Coffers shall be soon empty. Petitioners, however, offer to deposit Rs. 3,00,000/- within two months from today. In view of it, we direct the petitioners to deposit a sum of Rs. 3,00,0007- within two months from today to show their bonalide. On this aspect, we referred to the Division Bench judgment rendered in the case of Lal and Kumar, Gorakhpur and Ors. v. State of U.P. and Ors. . It is to be noted that the legal preposition of the Division Bench in the case of Lal and Kumar (Supra) has not been reversed by Full Bench in the case of Sarda Devi (Supra).
3. In pursuance of three impugned recovery certificates all dated 18th May, 2006, (copies whereof have been Hied as Annexure No. 2, 3 & 4 to the writ petition), we make it clear that the bank is free to recover the amount or balance amount as the case may be from the petitioners in accordance with law. It is made clear that if petitioners fail to deposit the aforesaid amount within the time stipulated, this order shall become inoperative without further reference to the court. We further provide that in case the respondents feel aggrieved by this order, they can approach this Court by filing recall application.
4. The writ petition is disposed of subject to the above directions. No order as to costs.