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M/S MAHALAXMI KRAFTS AND TISSUES PVT. LTD. AND ANOTHER versus U.P. FINANCIAL CORPORATION THRU' ITS MANAGING DIRECTOR

High Court of Judicature at Allahabad

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M/S Mahalaxmi Krafts And Tissues Pvt. Ltd. And Another v. U.P. Financial Corporation Thru' Its Managing Director - WRIT - C No. 44654 of 2006 [2006] RD-AH 13885 (21 August 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.R.P.Misra, J.

Hon.Shishir Kumar, J.

Learned counsel for the U.P. Financial Corporation prays for and is granted two weeks time to file a counter affidavit.  Rejoinder affidavit may be filed within two weeks thereafter.

List for admission after expiry of the aforesaid period.

The controversy involved in the present writ petition is that the amount to the tune of Rs.9,37,403/- which has already been paid by the petitioners as penal interest to the PICUP, that amount is to be adjusted.  Petitioners submit that they are not at fault, therefore, they are not responsible to pay the excess interest.  Sri Satish Chaturvedi, Advocate, who appears for the U.P. Financial Corporation has submitted that according to his instructions about 16,00,000/- is due towards the petitioner.  The petitioners submit that they ready to pay the balance amount which comes about 7,00,000/- and the amount has not been paid as the amount paid by the petitioners to the PICUP has not been adjusted and due to the aforesaid fact the ''No Objection Certificate' has not been issued in favour of the petitioners.

In case the petitioners deposit a sum of Rs.7,00,000/- with respondent No.3 i.e. Chief Manager (Finance Division), U.P. Financial Corporation 14/88, Civil Lines, Kanpur then a provisional certificate be issued in favour of the petitioners and the respondent No.1 i.e. Uttar Pradesh Financial Corporation  is further directed that the representation of the petitioners dated 4.6.2005 (Annexure 9 to the writ petition) be decided within a period of three weeks from the date of filing of the certified copy of the order.

21.8.2006

SKD/44654 /2006


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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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