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1997 Supreme(All) 1382

PALOK BASU, M.L.SINGHAL
ADESH KUMAR JAIN – Appellant
Versus
URS E B – Respondent


Advocates Appeared:
Pramod Kumar Jain,

PALOK BASU, J.

This couple of writ petitions practically raises only one question. When M/s Kavita Steels Pvt. Ltd. , Meerut entered into an agreement with U. P. State Electricity Board (for short the Board) through one of its Directors as "consumer" and defaulted in making payment of the electricity bills, can realisation from the personal assets of the Directors of that Company be made?

2. The petitioners Chandra Bhan Khanna and Madan Lal Bhatia admittedly resigned from the Directorship of the Company and therefore the respondents Counsel has made a statement that the Board would not proceed against them. Their petitions therefore has to succeed on this ground alone.

3. Petitioners Adesh Kumar Jain and Naresh Kumar Garg admittedly continued to be the Directors of the Company and recovery proceedings have been directed by the Revenue Authorities at the behest of the Board against the personal assets of these two Directors which is under challenge in this petition. It is again admitted that recovery proceedings have already been initiated against the property/assets of the Company namely, M/s Kavita Steels Private Limited.

4. The learned judgment prepared by my esteemed brother Honbl





































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