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2013 Supreme(All) 2401

Ashok Bhushan, Vipin Sinha
Indira Nigam – Appellant
Versus
State of U. P. – Respondent


Advocates:
Counsel :
Dev Brat Mukherjee for the Petitioners; C.S.C. and C.S. Singh for the Respondents.

JUDGMENT

Hon’ble Ashok Bhushan, J.—The petitioners, partners of M/s. Modern Printing Press has come up in this writ petition praying for quashing the recovery certificate dated 1.9.2005, issued by the respondent No. 5, National Small Industry Corporation Ltd. to the Collector for recovery of Rs. 5,34,994/- as arrears of land revenue.

2. Affidavits having been exchanged between the parties, with the consent of learned counsel for the parties, the writ petition is being finally decided.

3. Brief facts of the case, which emerged from the pleadings of the parties are; an application dated 2.8.1984 was submitted by M/s. Modern Printing Press with petitioners and two other persons being its partners to the respondent No. 5 for purchasing an automatic Stop Cylinder Letter Press machine under hire purchase scheme. The respondent No. 5 (hereinafter referred as Corporation) sanctioned the project and an agreement dated 9.1.1985 was entered between the firm and the Corporation for hiring the machine on hire purchase price of Rs. 1,94,894/-. The amount was repayable in six monthly instalments extending to seven and half years. The hire purchase amount was paid by the Corporation directly to the








































































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