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Col. Ramesh Singh & Another v. State Of U.P. Through Chief Secretary & Others - WRIT - C No. 26400 of 2007 [2007] RD-AH 10446 (6 June 2007)


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).


Hon. Dilip Gupta, J.

This petition seeks the quashing of the citation dated 23rd April, 2007 issued by the U.P. Financial Corporation. A perusal of the averments made in the writ petition indicate that earlier a citation was issued against the petitioner on 4th March, 2002 which was challenged by filing Writ Petition No.13255 of 2002 in which an interim order was also passed in favour of the petitioner. It has been stated in paragraph ''14' of the petition that the said petition was dismissed in default on 22nd February, 2007. Subsequently, the impugned recovery citation was issued on 23rd April, 2007.

Sri Ravindra Singh, learned counsel for respondent no.4 has stated that the present recovery citation is in continuation of the earlier recovery citation and as the earlier petition had been dismissed in default, this petition should not be entertained.

Learned counsel for the petitioner states that no recovery can be made on the basis of the citation dated 23rd April, 2007 in view of the judgment of the Supreme Court in M/s. Unique Butyle Tube Industrial (Private) Limited Vs. U.P. Financial Corporation & Ors., 2003 (2) SCC 455.

In this view of the matter let a counter affidavit be filed by the respondents within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

List this petition for admission/hearing after the expiry of the aforesaid period.

Till the next date of listing, no recovery shall be made pursuant to the citation dated 23rd April, 2007 but it shall be open to the respondents to make recovery pursuant to the earlier citation dated 4th March, 2002 provided ofcourse the said order has not been recalled by the Court.

Dt/- 6.6.2007



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