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M/S. SHARDA OIL INDUSTRIES (P) LTD. versus U.P. FINANCIAL CORPN. AND OTHERS

High Court of Judicature at Allahabad

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M/S. Sharda Oil Industries (P) Ltd. v. U.P. Financial Corpn. And Others - WRIT - C No. 42213 of 2003 [2006] RD-AH 7960 (19 April 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Dr. B.S. Chauhan, J.

Hon. Dilip Gupta, J.

This petition has been filed for quashing the order dated 24/25th June, 2003 issued by the U.P. Financial Corporation, Regional Office, Agra (hereinafter referred to as the ''UPFC') and for a direction upon the respondents to immediately release the security documents including the sale deed deposited by the petitioner at the time the loan was advanced.

In the petition it has been stated that the action of the respondents in not releasing the security documents and the sale deed deposited by the petitioner is wholly unjustified and illegal because in fact the entire amount under the loan has already been paid. It is not disputed by the Corporation that the entire outstanding amount has already been paid by the petitioner and what has been stated is that since the petitioner has not deposited the litigation amount, the papers cannot be released.

Sri Atiq Ahmad Khan, learned counsel appearing for the UPFC has very fairly stated that the documents shall now be released forthwith without insisting upon the litigation charges.

In view of the statement made by Sri Atiq Ahmad Khan, we dispose of this Writ Petition with a direction to the respondent UPFC to forthwith release the aforesaid documents namely the security documents including the sale deed preferably within a period of two weeks from the date a certified copy of the order is produced before the officer concerned.

Dt/-19.4.2006

GS-42213


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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