' The petitioner through this writ petition has sought issuance of direction to respondents not to recover the interest amount upon the loan.
2. The brief facts of the case are that the petitioner on 9-11-1978 received a loan of Rs,1,98,000 from respondent No, 3 as cash credit loan. He returned the loan to the extent of Rs,1,94,000 by 4-5-1980 to respondent No,
3. The respondents filed a civil suit for recovery of Rs,63,635 with interest by the sale of mortgaged property in the Court of learned Civil Judge, Wazirabad which was decided on 20-6-1985 hr favour of 'respondents and against the petitioner.
3. Learned counsel for the petitioner contended that the petitioner's business went into loss continuously and as such he closed the business. Further, he referred to the statement of respondent No, 3 recorded in the civil suit and tried to prove mala fide against the petitioner.
Learned counsel stressed that he had paid all the borrowed amount but for the recovery of interest and unfair expenses civil suit was filed by the respondents. According to him, the recovery of interest on the borrowed amount is prohibited being repugnant to the Injunctions of Islam and as such the petitioner is not required to pay interest on the loan secured by him much less the compound interest.
4. Learned counsel for the respondents opposed the contention raised by the learned counsel for the petitioner.
5. I have heard the arguments advanced by the learned counsel for the parties and have perused the record.
6. Firstly, the petitioner has not availed the other remedies available to him against the judgment of the learned Civil Judge. Secondly, it has been held by Their Lordships by the Supreme Court in the case of Muhammad Mumtaz Masaud v. House Building Finance Corporation (1994 SCM R 2287) that petitioner having secured loan in question under written agreement were A bound by the terms of agreement. As the petitioners, received the loan under written agreement, he is bound by the terms of the said agreement. I, therefore, find no force in this petition which stands dismissed in limine.