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1967 Supreme(All) 125

SATISHCHANDRA
Tandon Sugar Works, Shahjahanpur – Appellant
Versus
Uttar Pradesh Financial Corporation, Kanpur – Respondent


Advocates:
S.C. Khare, for Petitioner; S.N. Kacker, Sridhar, S.K. Suri and S.C., for Opposite Parties.

ORDER :- This petition under Article 226 of the Constitution questions the constitutional validity of the Public Moneys (Recovery of Dues) Act, 1965.

2. The petitioner is a partnership concern carrying on the business of manufacture and sale of Khandsari sugar. Under a registered deed of agreement dated 8th September, 1961, the petitioner borrowed a sum of Rs. 1,00,000.00 from the U. P. State Financial Corporation. The loan was repayable in annual instalments of Rs. 10,000.00 beginning with 31st March, 1963. The petitioner paid the first instalment due on 31st March, 1963, but thereafter he defaulted in payment. On 13th June, 1966 the Financial Corporation served a notice on the petitioner requiring it to make the payment of the due instalments within fifteen days of the service of the notice. In spite of the notice the petitioner did not make any payment. The Corporation then issued a recovery certificate under the provisions of the impugned Act, to the Collector, Saharanpur, requesting him for realisation of the balance of the loan which came to Rs. 86,794.50. Thereupon the petitioner came to this Court.

3. On December 4, 1965 the State Legislature enacted the Public Moneys (Recove





















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