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2004 Supreme(All) 581

V.M.SAHAI, TARUN AGARWALA
Narendra Kumar – Appellant
Versus
Collector – Respondent


Advocates Appeared:
A.K.Gaur, Manish Kumar Nigam,

V. M. SAHAI, J.

( 1 ) THE questions that arise for consideration in this petition are whether there is any limitation for recovering the sum due as arrears of land revenue under the U. P. Public Moneys (Recovery of dues) Act, 1972, and if there is none, whether recovery can be made within reasonable time or it is open to recover at any point of time?

( 2 ) THE petitioners constituted a registered partnership firm, known as Adarsh Aluminium industries to manufacture Aluminium Utensils. On 22. 10. 1973 an application was made by the firm to the U. P. Financial Corporation, Ghaziabad (in brief the Corporation) for granting loan of rs. 2,00,000/- (Rupees Two lakhs only) for establishing the unit. The Corporation on 15. 5. 1974 sanctioned a loan of Rs. 1,80,000/ -. Out of he sanctioned amount a total sum of Rs. 1,38,700/was disbursed in instalments to the petitioners between 7. 4. 1975 to 17. 7. 1976. The entire amount of sanctioned loan was not disbursed, therefore, according to petitioners the unit could no go into production. The instalments were not paid, consequently the Corporation recalled the entire loan on 14. 9. 1978 and issued a recovery certificate on 2. 1. 1979 to the Collec

























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