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2004 Supreme(All) 496

MARKANDEY KATJU, R.S.TRIPATHI
Maria Plasto Pack (P) Ltd – Appellant
Versus
Managing Director, U. P. Financial Corporation, Kanpur – Respondent


Advocates Appeared:
H.R.Mishra, N.B.Nlgam, Pradeep Kumar, V.K.Khare,

M. KATJU, J.

( 1 ) BY means of this petition the petitioner has prayed for quashing the impugned recovery certificate dated 4-10-1994 Annexure 12 to the writ petition and for a mandamus directing the respondent No. 1 U. P. Financial Corporation to prepare a rehabilitation package of the petitioner and to submit it to the respondent No. 3 for placing it before respondent No. 4.

( 2 ) HEARD learned counsel for the parties.

( 3 ) WE have carefully perused the writ petition and counter and rejoinder affidavits.

( 4 ) THE petitioner took a loan from the U. P. Financial Corporation and paid certain amount as stated in paragraph 14 of the writ petition. In paragraph 16 of the writ petition it is stated that the Corporation disbursed a total of Rs. 9,19. 600/- to the petitioner in a period of two years one month. The details as alleged by the petitioner are given in paragraphs 14 to 20 of the writ petition which need not be repeated here. It is alleged by the petitioner that as a result of the disbursement schedule the petitioner suffered heavy loss as the corporation delayed disbursement. Since 1990 the Corporation started issuing notices to the petitioner that the loan of the Corporation

















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