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2004 Supreme(All) 22

MARKANDEY KATJU, S.P.MEHROTRA
Hari Om Bhatia – Appellant
Versus
Pradeshiya Industrial and Investment Corporation of U. P. Ltd. – Respondent


Advocates:
Counsel for the Petitioners: Tarun Agarwala.
Counsel for the Respondents: Satish Chaturvedi and Anurag Khanna, S.C.

JUDGMENT

S. P. Mehrotra, J.—The present application has been filed on behalf of the Pradeshiya Industrial and Investment Corporation of U. P. Ltd. (in short “P.I.C.U.P.”) (respondent Nos. 1 and 2 in the writ petition), inter alia, praying that the order dated 19.7.2002 passed by a Division Bench consisting of Hon. S. R. Singh and Hon. S. P. Mehrotra, JJ. in the aforesaid writ petition (namely, Civil Misc. Writ Petition No. 15774 of 2002) be modified and the writ petition be dismissed.

2. The said order dated July 19, 2002, passed in Civil Misc. Writ Petition No. 15774 of 2002 is quoted below :

“In Civil Misc. Writ Petition No. 8386 of 2002, Suresh Chand Gupta and another v. Collector,

Kanpur Nagar and others, following questions came up for consideration before this Bench :

“First, whether the U. P. Public Moneys (Recovery of Dues) Act, 1972 (hereinafter called the State Act, 1972) has been rendered void and inoperative, after the insertion of Section 32G in the State Financial Corporation Act, 1951 (in short the Central Act, 1951) in so far as it relates to recovery of debt payable to the Corporation? ; Second, whether Section 3 of the State Act, 1972, is inconsistent with Secti
































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