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M/S VIMLA ENTERPRISES THRU' PROP. versus STATE OF U.P. THRU' SECY. REVENUE DEPTT. & ORS.

High Court of Judicature at Allahabad

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M/s Vimla Enterprises Thru' Prop. v. State Of U.P. Thru' Secy. Revenue Deptt. & Ors. - WRIT - C No. 25856 of 2005 [2005] RD-AH 2470 (7 September 2005)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

WP No. 25856 of 2005

HON'BLE YATINDRA SINGH, J

HON'BLE RK RASTOGI, J

1. This writ petition is against the recovery of the loan taken from UP Financial Corporation.

2. We have heard Counsel for the parties. The Corporation has filed a counter affidavit in which in paragraph 5 it has been stated that the Corporation issued a notice for recovery under section 29 of the Act on 1.1.1992, thereafter possession of factory was taken and it could not be sold as there was no purchaser to purchase the same. In view of the fact the recovery proceedings were taken in the year 1992, the recovery proceedings can be taken. We see no justification to interfere in the writ petition. However, in case there is any dispute regarding the accounts, the petitioner may file a suit for the same. With these observations the writ petition is dismissed.

Dated: 7.9.2005

BBL

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