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2004 Supreme(SC) 379

DELHI FINANCIAL CORPN. – Appellant
Versus
RAJIV ANAND – Respondent


( 1 ) ALL these appeals can be disposed of by this common judgment. In all these cases monies had been borrowed from financial corporations. Action was initiated under S. 32-G of the State Financial Corporations Act, 1951. The State Government having appointed the respective Managing Directors as the authority under S. 32-G, certificates of recovery were issued by the Managing Directors. Writ petitions were filed in the Delhi High Court and the Punjab and Haryana High Court challenging the appointment of the Managing Directors as the authority and the certificates of recovery.

( 2 ) THE Delhi High Court has, in the judgment impugned in Civil Appeals Nos. 4014-17 and 4018-21 of 1998, held that the appointment of the Managing Director was against the principle that "no man can be a judge in his own cause" and struck down the appointment of the Managing Director and accordingly struck down the certificate of recovery. On the other hand, the Punjab and Haryana High Court has in the judgment, impugned in Civil Appeal No. 7818 of 2002, disagreed with the view of the Delhi High Court and has upheld the appointment of the Managing Director. However, on facts of that case, it was held that
































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