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