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ALLAHABAD HIGH COURT
B. N. Lokur, H. N. Seth, JJ
M/s. Prakash Pottery Industries – Appellant
Versus
State of Uttar Pradesh – Respondent
| Table of Content |
|---|
| 1. loan agreement and conditions (Para 1) |
| 2. writ petitions for quashing recovery proceedings (Para 2 , 3) |
| 3. argument on constitutional validity of recovery proceedings (Para 4) |
| 4. provision for accelerated recovery as arrears of land revenue (Para 6 , 12) |
| 5. discussion on available remedies for recovery (Para 10 , 11 , 14) |
| 6. nature of recovery under s.3(1)(c) (Para 15 , 16) |
| 7. application of art.14 and discretion in recovery (Para 29 , 30 , 38) |
| 8. s.3(1)(c) found unconstitutional (Para 44) |
| 9. final adjudication and agreement of judges (Para 45 , 46 , 47 , 48) |
1. The petitioner, M/s. Prakash Pottery Industries, obtained a loan from the Uttar Pradesh Government for developing its pottery industry. A deed of agreement dated March 5, 1966, was executed between the petitioner and the State Government. It required the petitioner to apply the loan for purchasing machines for its pottery industry within a period of one year, and provided for repayment of the loan with interest in instalments. Then followed the provisions:
"10. If any of the instalments aforesaid shall be in arrears in whole or in part, the whole sum, then remaining due to the creditor under the deed on account of
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