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JAGDISH CHAUDHARY & OTHERS versus U.P. FINANCIAL CORPN. THRU' M.D. & ORS.

High Court of Judicature at Allahabad

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Jagdish Chaudhary & Others v. U.P. Financial Corpn. Thru' M.D. & Ors. - WRIT - C No. 35194 of 2002 [2007] RD-AH 9611 (21 May 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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

HON. R.P. MISRA,I.

HON. SHISHIR KUMAR, J

Heard Sri Vipin Sinha, learned counsel for the petitioners and Sri Ateeq Ahmad Khan, learned counsel for the respondent No.1.

It has been submitted by learned counsel for the petitioners that the petitioners are guarantors and the amount sought to be recovered from them is more than Rs.1.02 crore, which cannot be recovered as arrears of land revenue under the provisions of U.P. Public Moneys (Recovery of dues ) Act, 1972.  In support  of his contention, learned counsel for the petitioners has relied upon the decisions of the Hon'ble Supreme Court in the case of Unique Butyle Tube Industries (P) Ltd. Vs. U.P. Financial Corporation and others reported in (2003) 2 Supreme Court Cases 455, Iqbal Naseer Usmain Vs. Central Bank of India and others, reported in (2006) 2 Supreme Court Cases 241 and Allahabad Bank Versus Canara Bank & another reported in 2000 (4) SC 411.

Taking into consideration, the view taken by Hon'ble Supreme Court in the aforesaid judgments, this writ petition is allowed.  The impugned recovery certificate dated 11.7.2002 (Anneuxre 4 to the writ petition) is quashed.

However, it will be open for the respondents to approach the Debt Recovery Tribunal for realization of dues against the petitioners.  

21.5. 2007

SKD

W.P.No.35194 of 2002


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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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