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2003 Supreme(Del) 511

DALVEER BHANDARI, R.S.SODHI
A. K. SUREKHA – Appellant
Versus
PRADESHIYA INVESTMENT CORPN OF UP LIMITED – Respondent


Advocates Appeared:
MANISH KUMAR, MUKUI CHANDRA, N.K.KAUL, SANDIP AGARWAL, Subhash Mishra

DALVEER BHANDARI, J

( 1 ) IN these writ petitions similar question of law arise for adjudication. By this common judgment we propose to dispose of Civil Writ Petition Nos. 2895 of 2002, 2904 of 2002 and 2610 of 2003.

( 2 ) FOR the sake of convenience the facts of Civil Writ Petition No. 2895 of 2002 are REFERRED TO to.

( 3 ) THE petitioner aggrieved by the issuance of recovery certificate No. FUP 1366/11235 dated 26th March, 2002 issued by respondent No. 1, The Pradeshiya Industrial and Investment Corporation of U. P. Ltd. (hereinafter REFERRED TO as to `picup ), filed this petition before this court. According to the recovery certificate the petitioner is liable to pay Rs. 1,41,39,899. 56 as on 30. 4. 2002.

( 4 ) THE petitioner is the promoter of Premier Polyfilms Limited. The said company approached PICUP for grant of financial assistance. The company executed a loan agreement with PICUP. The loan agreement was executed on 25. 4. 1996 at Lucknow and was signed by the petitioner, A. K. Surekha.

( 5 ) CLAUSE 57 of the agreement deals with the jurisdiction for litigation. The relevant portion reads as under:

57. Jurisdiction for litigation the borrower and PICUP agree that for all pur








































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