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2002 Supreme(SC) 1291

ARIJIT PASAYAT, S.S.M.QUADRI
Unique Butyle Tube Industries Pvt. LTD. – Appellant
Versus
U. P. Financial Corporation – Respondent


JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. The only question that falls for determination in this case is whether the proceedings for recovery initiated by U.P. Financial Corporation (hereinafter referred to as the Corporation ) under the Uttar Pradesh Public Monies (Recovery of Dues) Act, 1972 (in short the U.P. Act ) on 6-1-2001 are maintainable in view of Section 34(2) of the Recovery of Debts Due to Bank and Financial Institutions Act, 1993 (in short the Act ).

3. Factual position sans unnecessary details is as follows:

Certificate was issued under the U.P. Act for recovery of certain dues from the appellant for its alleged failure to comply with the terms and conditions of loan granted to it; similar failure was alleged by three Directors and three guarantors. On 14-2-2001 Citation for recovery was issued by the Tehsildar, Varanasi, for recovery of the alleged dues as arrears of land revenue. Appellant challenged the said action before the Allahabad High Court in CMWP No. 13738 of 2001 on the ground that after the enactment of the Act, the proceedings were not maintainable. Reliance was placed on the provisions contained under Section 32(G) of the State Financial Corporation








































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