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1988 Supreme(All) 553

R.M.SAHAI, R.P.SINGH
DURGESH COLD STORAGE AND ICE FACTORY, GORAKHPUR – Appellant
Versus
U. P. F. CORPN. , KANPUR – Respondent


Advocates Appeared:
B.D.MADHYAN, S.K.SINGH, V.K.SINGH

R. P. SINGH. J.

( 1 ) BY means of this writ petition the petitioner has prayed for quashing of the sale of the petitioners Cold Storage in pursuance of tender notice dt. 22-12-87 and further prayed that the execution of the sale deed on 22-2-88 in pursuance of the said notice may be cancelled and may not be given effect to.

( 2 ) THE facts of the case briefly stated are that the petitioner who is a registered firm carrying on the business of running of Cold Storage and Ice Factory at Gola Bazar, Gorakhpur, took a loan of Rs. 9,11,000/- from the U. P. Financial Corporation, Respondent 1 in the year 1978 which was to be paid in instalments. However, due to non-supply of electricity to the cold storage the petitioner is alleged to have suffered huge loss as the potato stored in the cold storage was damaged and the petitioner had to pay a huge compensation to the farmers who had stored their potato in the cold storage. It is alleged that the petitioner had deposited Rs. 8 lacs between the period 1978 to 1987 towards the loan taken by him in instalments and since the petitioner could not pay the remaining instalments in time due to huge losses suffered by him, an advertisement was made

















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