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1998 (1) JLJ 154
A.K. Mathur, C.J. and S.K. Kulshrestha, J.
New Laxmi Oil Mills v. Bank of India and others
M.P. No. 1601 of 1993; Decided on 8.5.1997.
(2) Public Money (Recovery of Dues) Act, 1987 (M.P.)-- S.3 (4) proviso and (5) -- provisions are not bad but are intended to speedy recovery of State or Banking dues -- prevention of seeking any relief from civil Court is to avoid delay in recovery else very object of the enactment may be frustrated. AIR 1994 SC 853 followed. [Para 13
(3) Limitation -- only bars the remedy -- right is not destroyed by it. [Para 14
(4) Public Money (Recovery of Dues) Act, 1987 (M.P.) -- Ss. 3 (3), proviso and S. 5 -- revenue recovery certificate -- can be issued only for the money legally recoverable on the date of issuance of certificate -- no certificate for time barred debt/money can be issued. [Para 14
(5) Public Money (Recovery of Dues) Act, 1987 (M.P.) -- Ss. 3 (4),2 (h) and 2 (i) -- loan advanced to Small Scale Industry or Agriculturists -- both notified as Socially Desirable Scheme as defined under S. 2 (i) -- dues can be recovered under S. 3 -- objection as to scheme can be raised under S. 3 (4). [Para 15
(6) Land Revenue Code, 1959 (M.P.) -- S. 150 -- recovery on the basis of revenue recovery certificate -- objection as to scheme under which loan was advanced can be raised under. [Para 15
(7) Public Money (Recovery of Dues) Act, 1987 (M.P.) -- S.3 (1) proviso -- certificate of revenue recovery issued for recovery of waived debt or time barred debt -- authority issuing certificate may be approached to withdraw the certificate so issued. [Para 16
(8) Public Money (Recovery of Dues) Act, 1987 -- S. 3 (1), (3) and (5) -provisions under S. 3 (3) and 3 (5) bar reference to arbitration and injunction against recovery -- raising of dispute before officer issuing certificate or before recovery officer is not barred. [Para 17
¼1½ yksd /ku ¼ns; dh olwyh½ vf/kfu;e] 1987 ¼e-ç-½ & /kkjk 3 & Hkkjr dk lafo/kku & vuq- 14 rFkk çfof"V 35] 45 rFkk 11d&jkT fo/kku eaMy vf/kfu;e vf/kfu;fer djus ds fy, l{ke gS & vf/kfu;e dk dksbZ Hkh mica/k lafo/kku ds vf/kdkjkrhr ugha gSa & vuq-14 ds v/khu foHksn ij vk/kkfjr /kkjk 3 ij vk{ksi ekU; fd, tkus ;ksX; ugha gSaA , vkb vkj 1995 ,l lh 21 rFkk , vkb vkj 1994 ,l lh 853 vuqlfjrA ¿iSjk 11 ,oa 12
¼2½ yksd /ku ¼‘kks/; jkf‘k;ksa dh olwyh½ vf/kfu;e] 1987 ¼e-ç-½ & /kkjk 3¼4½] ijarqd rFkk ¼5½ & mica/k nks"kiw.kZ ugha gSa vfirq jkT; vFkok cSaddkjh ns; dh ‘kh?kz olwyh ds fy, vk‘kkf;r gSa & flfoy U;k;ky; ls fdlh vuqrks"k çkIr djus ij fuokj.k olwyh esa foyac ls cpus ds fy, gSa vU;Fkk vfHkfu;fefr dk ewy mís‘; gh foQy gks ldrk gSA , vkb vkj 1994 ,l lh 853 vuqlfjrA ¿iSjk 13
¼3½ ifjlhek & ek= mipkj oftZr gksrk gSa & mlds }kjk vf/kdkj u"V ugha gksrkA ¿iSjk 14
¼4½ yksd /ku ¼‘kks/; jkf‘k;ksa dh olwyh½ vf/kfu;e] 1987 ¼e-ç-½ & /kkjk 3¼3½ ijarqd rFkk /kkjk 5 & jktLo olwyh çek.ki= & dsoy çek.ki= ds tkjhdj.k dh rkjh[k dks oS/k :i ls olwyh ;ksX; /ku ds fy, tkjh fd;k tk ldrk gS & le; oftZr _.k /ku ds fy, çek.ki= tkjh ugha fd;k tk ldrkA ¿iSjk 14
¼5½ yksd /ku ¼‘kks/; jkf‘k;ksa dh olwyh½ vf/kfu;e] 1987 ¼e-ç-½ & /kkjk 3 ¼4½] 2 ¼t½ rFkk 2 ¼>½ && y?kq m|ksx vFkok Ñ"kdksa dks fn;k x;k m/kkj & nksuksa gh /kkjk 2 ¼>½ ds v/khu ;Fkk ifjHkkf"kr lkekftd :i ls okaNuh; Ldhe ds :i esa vf/klwfpr & ns; dh olwyh /kkjk 3 ds v/khu dh tk ldrh gSa & Ldhe ds laca/k esa vk{ksi /kkjk 3 ¼4½ ds v/khu fd;k tk ldrk gSA ¿iSjk 15
¼6½ Hkw&jktLo lafgrk] 1959 ¼e-ç-½ & /kkjk 150 & jktLo olwyh çek.ki= ds vk/kkj ij olwyh & Ldhe ftlds v/khu m/kkj fn;k Fkk mldk vk{ksi mica/k ds v/khu fd;k tk ldrk gSA ¿iSjk 15
¼7½ yksd /ku ¼‘kks/; jkf‘k;ksa dh olwyh½ vf/kfu;e] 1987 ¼e-ç-½ & /kkjk 3¼1½ ijarqd vf/kR;Dr _.k vFkok le; oftZr _.k dh olwyh ds fy, jktLo olwyh dk çek.ki= tkjh & ,sls tkjh fd, x, çek.ki= okil fy, tkus ds fy, çek.ki= tkjh djus okys çkf/kdkjh ds le{k tk;k tk ldrk gSA ¿iSjk 16
¼8½ yksd /ku ¼‘kks/; jkf‘k;ksa dh olwyh½ vf/kfu;e] 1987 ¼e-ç-½ & /kkjk 3¼1½] ¼3½ rFkk ¼5½ & /kkjk 3¼3½ rFkk 3¼5½ ds v/khu mica/k }kjk ek/;LFke ds fy, funsZ‘k rFkk olwyh ds fo#) O;kns‘k oftZr gS & çek.ki= tkjh djus okys vf/kdkjh vFkok olwyh vf/kdkjh ds le{k fookn mBk;k tkuk oftZr ugha gSaA ¿iSjk 17
Kulshrestha, J. -- 1. This petition and the connected petitions M.P. 2784/93 (Munusingh v. State of M.P. and others), M.P. No. 2128/93 (Babu Singh and another v. State of M.P. and others), M.P. No. 825/93 (Amulya Biswas and others v. State and others), W.P. No. 1562/95 (Gopal Jhunjhunwala v. State of M.P. and others), W.P. No. 880/1997 (Mohammad Vounus Farooqui v. State of M.P. and others), M.P. No. 1780/1993 (Gajanan Oil Mill v. Bank of India and others) & M.P. No. 3731/91 (Dinesh Chandra Mohabe v. State of M.P. and others) challenge the validity and applicability of the Madhya Pradesh Lok Dhan (Shodhya Rashiyon Ki Vasuli) Adhiniyam, 1987 (No. 1 of 1988) known in English as the madhya Pradesh Public Moneys (Recovery of Dues) Act, 1987 (hereinafter referred to as the' Act') and the proceedings taken thereunder. Since the petitions raise common controversy based on similar challenge to the vires of the said Act and the action taken thereunder, the petitions were heard together and are being, therefore, disposed of by this common order.
2. The Madhya Pradesh Lok Dhan (Shodhya Rashiyon Ki Vasuli) Adhiniyam, 1981 was enacted to provide for the speedy recovery of certain classes of dues payable to the State Government or to the Madhya Pradesh Financial Corporation or any other Corporation or to a Banking Company or to any Government Company or for matters connected therewith. The said Act had receive~ the assent of the Governor on 19.5.1981 which was first published in the Madhya Pradesh Gazette (Extra Ordinary) dated 23.5.1981. This Act was repealed by the said Adhiniyam, 1987 (No.1 of 1988) which received the assent of the President on the 18th December, 1987which was published in the Madhya Pradesh Gazette (Extra Ordinary) dated the 2nd January, 1988. Section 7 of this Act provides for the Repeal and Validation of the earlier Act of 1981 (No. 27 of 1981) and lays down that any proceedings instituted for the recovery of any sum under the repealed Act and pending on the date of such repeal, shall be deemed to have been instituted under this Act and shall continue in accordance with the provisions of this Act. It further validates the judgment, decree or order of any Court and the action taken under the repealed Act as if the same were under the corresponding provisions of the Act notwithstanding that the repealed Act had not been reserved for the assent of the President and was not assented to by the President.
3. The Act No. 1 of 1988 has also been enacted for the very purpose for which the Act No. 27 of 1981 had been enacted. Section 3 of the Act provides for recovery of certain dues as arrears of land revenue in cases, inter alia, where any person is a party to any agreement relating to a loan, advance or grant given to him or relating to payment of price of goods sold to him on credit or relating to hire-purchase of goods sold to him by a Banking Company or a Government Company under a State sponsored scheme or as the case may be, under a socially desirable scheme. "Banking Company" has been defined in section 2 (b) of the Act while the "State sponsored Scheme" in section 2 (h) and "Socially Desirable Scheme" in section 2 (i) thereof. Since the petitioner challenges mainly the validity of the procedure prescribed and the restrictions contained in section 3 of the Act, the section is re-produced hereunder for ready reference :-
S. 3. Recovery of certain dues as arrears of land revenue—(1) where any person is a party,-
(A) to any agreement relating to a loan, advanced or grant given to him or relating to payment of price of goods sold to him on credit or relating to hire-purchase of goods sold to him by the State Government or a Corporation by way of financial assistance; or
(B) to any agreement relating to loan advance or grant given to him or relating to payment of price of goods sold to him on credit or relating to hire-purchase of goods sold to him by a banking company or a Government Company under a State sponsored scheme
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