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1997 Supreme(P&H) 1494

G.S.SINGHVI, M.L.SINGHAL
Subhari Papers (P) Ltd. – Appellant
Versus
Haryana Financial Corporation – Respondent


Advocates Appeared:
For the Petitioner:Rajesh Bindal, Advocate.
For the Respondent Nos. 1 to 3:Mr. Kamal Sehgal, Advocate.
For the Respondent Nos. 4 and 5:L.M. Suri, Sr. Advocate with Mr. Pritam Saini, Advocate.

JUDGMENT

G.S. Singhvi, J. - This petition has been filed to quash the notice Annexure P-3 dated 9.7.1996 issued by the General Manager, Haryana Financial Corporation (hereinafter described as HFC) to take over the possession of the factory belonging to the petitioner and other consequential actions taken by the official respondents. The petitioner has also prayed for directing the respondents to return the possession of the factory to it.

2. From the pleadings of the parties, it appears that there is a serious dispute between Shri Ramesh Chander Jhamba, who has filed the present petition as Director of M/s Subhari Papers (P) Ltd., and the respondents No. 4 and 5 who also claim to be the Directors of the Company. However, that dispute and the litigation between the parties on the issue as to who should control the Company is not very much relevant for the purpose of deciding this petition. Suffice it to say that H.F.C. had given loan to the petitioner-Company and some dispute has been going on the question of repayment of the loan. On 18.10.1995 H.F.C. agreed to reschedule the instalments payable by the petitioner upto 4.6.1995 and directed it to make the payment in accordance with t







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