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2010 Supreme(All) 302

SUNIL AMBWANI, VIRENDER SINGH
STANDARD NUT MANUFACTURES – Appellant
Versus
COLLECTOR DISTRICT MAGISTRATE BULANDSHAR – Respondent


Advocates Appeared:
A.K.MISHRA, Ajit Kumar, C.P.GHILDYAL, R.A.Sharma, Ratnesh Kr.Pandey, S.N.Verma, V.K.SINGH,

( 1 ) THIS writ petition was filed on 2. 12. 1975, for a writ of mandamus directing the respondents not to realise any amount from them as arrears of land revenue and to quash the recovery certificate and citation dated 19. 10. 1975 for recovery of Rs. 55012. 20 as the balance amount to be paid by the petitioner under a hire purchase agreement dated 26. 8. 1970 with the U. P. Small Industries corporation Limited, Sarvodaya Nagar, Kanpur.

( 2 ) AFTER exchange of affidavits the writ petition was dismissed by a judgment dated 22. 8. 1995 for the reason that the U. P. Public Moneys (Recovery of Dues)Act, 1972 is applicable to the dues recoverable under the hire purchase agreement. The petitioners filed Civil Appeal No. 7341-7343 of 1997 on the ground that the writ petition was decided in the absence of appellant and their advocate. The Supreme court, by its order dated October 15, 2003, set aside the judgment and requested the High Court to decide the matter on merits as expeditiously as possible. The writ petition was listed on 6. 1. 2004 and was dismissed for want of prosecution. The restoration application was allowed on 24. 7. 2008.

( 3 ) AN amendment application filed on 27. 7. 200

























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