A.N.VERMA, V.K.KHANNA, S.K.MUKHERJEE
KRISHNA UTENSILS, RAMPUR – Appellant
Versus
STATE FINANCIAL CORPN. – Respondent
( 1 ) A difference of opinion between two Division Benches of this Court as to the effect of sec. 32-G inserted by the State Financial Corporations (Amendment) Act, 1985 (No. 43 of 1985) in the State Financial Corporations Act, 1951, on the continued validity of the U. P. Public Moneys (Recovery of Dues) Act (hereinafter referred to as thestate Act) in its application to the dues of the U. P. State Financial Corporation, has led to the reference of this case to us.
( 2 ) IN a bunch of (Writ Petns. Nos. 9476 of 1986, 14797 of 1987 and 15437 of 1987) disposed of by a Division Bench of this Court by its judgment dated November 3, 1987, it was held that Section 3 of the State Act was repugnant to Act No. 43 of 1985 (hereinafter referred to as the Central Act) and was, therefore, void and inoperative in its application to the recovery of dues of the U. P. State Financial Corporation. In Messrs. Krishna Utensils v. U. P. State Financial Corporation and others (Writ Petn. No. 20818 of 1988), however, a Division Bench of this Court in its judgment dated September 1, 1988, differed with the earlier Bench decision of this Court and held that there was no repugnancy b
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