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1962 Supreme(Cal) 20

SINHA
Bulu Rani Seal – Appellant
Versus
Member, Board of Revenue – Respondent


Advocates:
Amarendra Mohan Mitter, Pritish Chandra Roy, Arunendra Nath Basu and Kalijiban Mukhopadhya, for Petitioner; N.C. Chakravorty and S.K. Roy Choudhury, for Opposite Parties Nos.1 to 4.

JUDGMENT :- The facts in this case are shortly as follows:- The respondent No.8, Messrs. Allied Pharmacy, a partnership firm, took a loan from the Rehabilitation Finance Administration, a statutory body constituted under the Rehabilitation of Finance Administration Act, 1948 (Central Act No.XII of 1948) and the respondents Nos.6 and 7, Sachindra Kumar Roy and Satindra Prasad Das Gupta, stood as surety for the repayment of the loan. Under the said Act, such loans are recoverable as arrears of revenue. The loans not having been repaid, proceedings were taken under the provisions of the Revenue Recovery Act, 1890 (Act 1 of 1890) and the Additional Collector, Delhi, issued a certificate under section 3 (1) of the said Act, a copy whereof is annexure-"A" to the petition. This certificate was sent to the Collector 24-Parganas at Alipore (West Bengal), stating that the said guarantors had properties within the jurisdiction of the Collector of 24-Parganas and the amount due as loan mentioned therein amounting to Rs.9161/5/- with interest should be recovered as if it were an arrear of revenue, which occurred in his district, and he was to recover it and remit the same to the Collector, Delh





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