- (1.)This order will dispose of C.W.P. Nos. 6043-6046, 6149, 6176, 6883-84 of 1987, 508-511 of 1988 and 9561 of 1989. As the facts and the question of law are common, these petitions can be disposed of by the order. Learned Counsel for the parties have referred to the factual position of the case as emanating from CWP No. 508 of 1988. These facts may be briefly noticed.
(2.)In the year 1982, the petitioner approached the Haryana Financial Corporation, Chandigarh (respondent No. 3) for the grant of loan for purchase of a truck. The Corporation agreed to grant a loan of Rs. 1,99,000/-. The vehicle was to be hypothecated with the Corporation. The amount of the loan had to be repaid in 42 monthly instalments - 31 instalments of Rs. 5,000/- followed by 11 instalments of Rs. 4,000/- each. Up to June, 1983, the petitioner paid a total amount of Rs. 73,852/-. Thereafter, he committed default. In accordance with the provisions of the agreement, and section 30 of the State Financial Corporation Act, 1951 (hereinafter to be referred to as the 1951 Act), the Corporation was entitled to recover the amount in lump-sum. It appears that the Corporation took no steps for the recovery of the loan for a long time. Ultimately, when it proceeded to recover the money, the petitioner approached this Court through the present writ petition. The Motion Bench while admitting the petition stayed the arrest of the petitioner. These petitions have now came up for hearing.
(3.)The sole contention raised by the counsel for the petitioner is that the Corporation is entitled to recover the amount of money due from the petitioner only in accordance with the provisions of Section 4 of the Haryana Public Money (Recovery of Dues) Act, 1979 (hereinafter to be referred to as the 1979 Act). This position is not disputed by the learned Counsel for the respondent-Corporation.