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2010 Supreme(SC) 357

AFTAB ALAM, SWATANTER KUMAR
A. P. T. Ispat Pvt. Ltd. – Appellant
Versus
U. P. Small Industrial Corporation Ltd. – Respondent


JUDGMENT

Aftab Alam, J. —

1.The appellant is a private limited company incorporated and registered under the Companies Act. It seeks to challenge two recovery certificates issued by the Managing Director of the U.P. Small Industries Corporation Ltd. (a government corporation) in purported exercise of power under section 3 of the U. P. Public Moneys (Recovery of Dues) Act, 1972. Challenging the two recovery certificates, the appellant filed a writ petition (Civil Misc.20 of 2001) before the Allahabad High Court which was dismissed by a division bench of the Court by judgment and order dated April 26, 2001. Against the High Court judgment, the appellant has come in appeal by grant of special leave.

2.The Managing Director of the Corporation drew up the two identical recovery certificates and sent them to the District Magistrate, Lucknow, stating that the Directors of the appellant company had received from the Corporation’s Dadanagar depot 1027.15 MT wire rods (iron and steel) worth Rs.1,54,93,421/- (Rupees one crore fifty four lakhs ninety three thousand four hundred twenty one only). But the payment of the goods had not been made to the Corporation and it was to be recovered from the







































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