S. P. MEHROTRA, J.

( 1 ) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioners, inter alia, praying for issuance of writ, order or direction in the nature of certiorari quashing the impugned recovery certificate dated 26. 3. 2002 issued by the U. P. Financial corporation against the petitioners (Annexure-5 to the writ petition) and further for issuance of writ, order or direction in the nature of mandamus declaring the recovery proceeding in pursuance of the recovery certificate dated 26. 3. 2002 as barred by limitation for recovery of the loan of the year 1986.

( 2 ) IT is, inter alia, alleged by the petitioners that GEE Kay Pipes Pvt. Ltd. , is registered under the companies Act, 1956, and that the petitioner No. 1 is the Managing Director and the petitioner no. 2 is the Director of the said company, and that the U. P. Financial Corporations agreed in the financial year 1986-87 to grant term loan of Rs. 27,86,250 for machinery equipment and other assets in favour of the said company, and that sum of Rs. 26,03,050 could be released by the U. P. Financial Corporation out of the sanctioned amount of Rs. 27,86,250 upto the year 1987-88 and the unit became established.

( 3 ) IT is, inter alia, further alleged by the petitioner that within four years of the term loan by the u. P. Financial Corporation, the U. P. Financial Corporation (Respondent Nos. 1 and 2} took over the possession of the unit under Section 29 of the State Financial Corporations Act. 1951 in the year 1991-92, and that the sale of the land, building of the unit of the company was made in september, 2001 for a sum of 3,75,000 and the sale of the machinery, etc. of the unit of the company was made on 12. 2. 2002 for a sum of Rs. 75,000.

( 4 ) IT is, inter alia, further alleged that the recovery certificate dated 26. 3. 2002 (Annexure-5 to the writ petition) was issued by the Managing Director, U. P. State Financial Corporation, 14/88, civil Lines, Kanpur Nagar, respondent No 4 under Section 3 of the U. P. Public Moneys (Recovery of Dues) Act, 1972 whereby Collector/district Magistrate, Kanpur Nagar was asked to make recovery against the petitioners. The recovery certificate dated 26. 3. 2002 (Annexure-5 to the writ petition) states that the petitioners had executed personal bond of guarantee in favour of the U. P. Financial Corporation for repayment of loan given to the said company, namely, M/s gee Kay Pipes Private Limited.

( 5 ) WE have heard learned counsel for the parties.

( 6 ) THE first contention raised on behalf of the petitioners is that the recovery proceedings against the petitioners pursuant to the recovery certificate dated 26. 3. 2002 are barred by limitation in respect of the loan of year 1986. In this regard, it is noteworthy that the petitioners have not laid proper factual foundation in the writ petition for consideration of plea of limitation. The petitioners have not filed the agreement, etc. entered into between the company and the U. P. Financial Corporation regarding the loan in question in the writ petition. The petitioners have also not filed the copy of the personal bond of guarantee executed by them as mentioned in annexure-5 to the writ petition. In the absence of relevant factual foundation and relevant documents, it is not possible to consider the plea of limitation raised on behalf of the petitioners. Even otherwise, as per the own allegation of the petitioners, the sale of land/building of the unit of the company (i. e. principal borrower) was made in September, 2001 while the sale of machinery etc. of the unit of the company i. e. , principal borrower was made on 12. 2. 2002. Thereafter, the said recovery certificate dated 26. 3. 2002 was issued for making recovery against the petitioners on the basis of the personal bond of guarantee executed by the petitioners. In the meantime, letter dated 9. 10. 2001 (Annexure-2 to the writ petition) and the letter dated 12. 2. 2002 (Annexure-3 to t

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