M/s. Brij Mohan Rice Mill vs U.P. Financial Corporation

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1997 Supreme(Online)(All) 6

ALLAHABAD HIGH COURT
B.M. Lal, J
M/s. Brij Mohan Rice Mill – Appellant
Versus
U.P. Financial Corporation – Respondent

Advocates:
For the Appellants/Petitioners: Sri G. N. Verma, Sri R. N. Sharma, Sri Satya Prakash
For the Respondents: learned counsel for the Corporation

Table of Content
1. background of loan and petitions filed. (Para 1 , 2)
2. arguments concerning the maintainability of successive writ petitions. (Para 3 , 5)
3. observations on the need to curb the tendency of successive filings. (Para 10 , 32)
4. final ruling on petitions and costs imposed. (Para 36 , 37)

1. Both these petitions being based on the similar facts and law are being disposed of by this common judgment.

2. M/s. Brij Mohan Rice Mill (hereinafter referred to as the Unit) is a partnership firm registered under the Partnership Act. Sri Gyan Singh son of Sri Kandhai Lal, Prem Singh son of Sri Brij Mohan, Smt. Indira Devi wife of Sri Brij Mohan and Smt. Pan Kumari daughter of Sri Manohar Singh are partners of the unit.
It appears that the Unit was sanctioned a loan of Rs. 14-50 lacs on 2-4-1988 by the U.P. Financial Corporation (for short the Corporation) but later on it was cancelled by the Managing Director of the Corporation on 14-9-1988. Thereafter by order dated 27-2-1991 the Managing Director revived the loan and ultimately on 13-8-1991 agreement was executed between the parties. As per the terms and conditions of agreement the loan amount does not seem to have been paid to

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1997 Supreme(Online)(All) 6

ALLAHABAD HIGH COURTB.M. Lal, JM/s. Brij Mohan Rice Mill – AppellantVersusU.P. Financial Corporation – Respondent

Cases Referred (3)

ALLAHABAD HIGH COURT
B.M. Lal, J
M/s. Brij Mohan Rice Mill – Appellant
Versus
U.P. Financial Corporation – Respondent