Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 8859 of 2018 Petitioner :- Mukesh Kumar Respondent :- 1st Additional District And Session Judge , Muzaffarnagar And 5 Others Counsel for Petitioner :- Shyam Shanker Pandey Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties.
The present petition is directed against the order of rejection of the temporary injunction application where the Court below has refused to grant any temporary injunction in a matter of recovery of agricultural loan.
The suit has been filed with the relief to declare the recovery certificate dated 20.3.2018 as forged and fabricated document based on the agricultural loan with the assertion that the petitioner was made to sign blank papers and at no point of time, he had taken KCC loan from the respondent bank.
The question being raised by the petitioner in the aforesaid suit filed by him can be examined only after evidence are led by the parties..
No case is made out for grant of temporary injunction, in view of the fact that the petitioner has not denied the signature on the loan agreement rather stated that it was an act of fraud as committed by the respondent bank.
No interference is, therefore, required in the order impugned.
The present petition is found devoid of merits and hence dismissed.
Order Date :- 28.11.2018 Brijesh