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1990 Supreme(All) 855

S.K.DHAON, D.S.SINHA
GOVARDHAN KAGAJ UDYOG RANKUTA, AGRA – Appellant
Versus
UTTAR PRADESH FINANCIAL CORPORATION, AGRA – Respondent


Advocates Appeared:
Y.S.SAXENA

D. S. SINHA, J.

( 1 ) BY means of this petition under Art. 226 of the Constitution of India an industrial concern M/s Goverdhan Kagaj Udyog, Agra-Mathura Road, Village Runkuta, Agra, the petitioner, beseeches this court to command the U. P. Financial Corporation through its Regional Manager, Shiv Hare Marg, Agra and U. P. Financial Corporation through its Managing Director, Civil Lines, Kanpur, the respondents Nos. 1 and 2 respectively, to hand over the possession of its firm and to disburse the balance of loan sanctioned to it and also to make fresh schedule for re-payment. The petitioner, besides the usual ritualistic prayers for any other and further writ, order or direction and award of costs, prays that a writ of certiorari quashing the auction sale, if any, may also be issued.

( 2 ) THE case of the petitioner, as pleaded in the petition, is that it applied to the respondent No. 1 for a loan of Rs. 15,00,000. 00 (Rupees fifteen lacs) which was ultimately sanctioned and in that connection an agreement of hypothecation was entered into on 23/07/1980 creating charge on the property of the petitioner. It is pleaded that according to the agreement between the petitioner and respond









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