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2010 Supreme(MP) 982

SANJAY YADAV
Chanderkant Gupta – Appellant
Versus
M. P. State Industrial Development Corporation – Respondent


Advocates Appeared:
In W.P. No. 12005 of 2005 :For petitioner:Smt. Nandita Dubey ; For respondent No.1:Amit Seth ; For respondent Nos. 2 to 4: Sudesh Verma
In W.P. No. 667 of 2010 :For petitioner:S.A.Dharmadhikari ; For respondent Nos. 1, 2, and 4:Harish Agnihotri ; For respondent No.3: Amit Seth

JUDGMENT : 

As the common question of law arises in both these petitions, this order shall govern the disposal of W.P. 12005/2005 and W.P. No. 667/2010.

2. Revenue Recovery Proceedings, initiated against the petitioner at the instance of respondent No. 1, M. P. State Industrial Development Corporation Ltd. (referred to as S.I.D.C) is being challenged in this petition under Article 226 of the Constitution of India.

3. Similar is the challenge in W.P. No. 667/2010, wherein series of notices dated 5-12-2009, 18-8-2008, 13-9-2004 and 31-12-2004 are being questioned.

4. In W.P. No. 12005/05, facts briefly are that, financial assistance was provided by the SIDC to M/s Malanpur Leathers by way of term loan of Rs. 90 lacs in the year 1992. The petitioner herein stood a guarantor for the said term loan facility. And for due repayment of the outstanding in the term loan account mortgaged his property as security.

5. The company faltered in making due repayment resulting in huge outstanding to the tune of Rs. 75,00,00/-.

6. In order to recover dues outstanding, respondent No. 1 resorted to proceedings under the Madhya Pradesh Lok Dhan (Snodhya Rashion ki Vasuli) Adhiniyam 1987; whereunder R.R.C on





























































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