M/s. Unique Butyle Tube Industries Pvt. Ltd. VS. U.P. Financial Corporation & Ors.

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M/s. Unique Butyle Tube Industries Pvt. Ltd. VS. U.P. Financial Corporation & Ors.

CASE NO.: Appeal (civil) 8624 of 2002 Special Leave Petition (civil) 10315 of 2001

PETITIONER: M/s. Unique Butyle Tube Industries Pvt. Ltd.

RESPONDENT: U.P. Financial Corporation & Ors.

DATE OF JUDGMENT: 20/12/2002

BENCH: SYED SHAH MOHAMMED QUADRI & ARIJIT PASAYAT.

JUDGMENT: J U D G M E N T

ARIJIT PASAYAT, J.

Leave granted.

The only question that falls for determination in this case is whether the proceedings for recovery initiated by U.P. Financial Corporation (hereinafter referred to as 'the Corporation') under the Uttar Pradesh Public Monies (Recovery of Dues) Act, 1972 (in short 'the U.P. Act') on 6.1.2001 are maintainable in view of Section 34 (2) of the Recovery of Debts Due to Bank and Financial Institutions Act, 1993 (in short 'the Act').

Factual position sans unnecessary details is as follows: Certificate was issued under the U.P. Act for recovery of certain dues from the appellant for ...

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