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1998 Supreme(All) 263

PALOK BASU, J.C.MISHRA
REWA GASES (P. ) LTD. – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
ANIL SHARMA, R.B.D.Mishra, R.P.AGRAWAL, SUNIL AMBWANI

PALOK BASU, J.


( 1 ) THE only controversy involved in the bunch of these writ petitions is whether on the recovery proceedings initiated against the petitioners at the Instance of concerned respondent, recourse could be taken to the provisions contained in Uttar Pradesh Public Moneys (Recovery of Dues)Act, 1972 (for short Recovery Act ).

( 2 ) M/s. Rewa Gases Private Limited have prayed that recovery certificate dated 6. 10. 1990 (Annexure-17 to the writ petition), Vikas Industrial Gases Limited have prayed that citation No. 132803 dated 21. 8. 1991 (Annexure-9 to the writ petition) and Vindhyachal Air Products Private limited have prayed that recovery certificate dated 6. 11. 1996 (Annexure-18 to the writ petition)may be quashed. In these documents, substantial amount is sought to be recovered against the three petitioners respectively for the alleged price of the materials supplied by the respondent concerned to the petitioners. Undlsputedly, U. P. . Carbide and Chemicals Limited had made certain supplies to each of the petitioners and the price thereof has not been paid. This has resulted in recovery proceedings initiated by the U. P. Carbide and Chemicals Limited under the reco












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