VIJAY KUMAR KAUL Vs. H.P.STATE FOREST DEVELOPMENT CORPORATION
HIGH COURT OF HIMACHAL PRADESH
VIJAY KUMAR KAUL
H.P.State Forest Development Corporation
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Sureshwar Thakur,J. -
(1.)Through the impugned order of recovery, efforts are made by the respondents, to recover some borrowed amounts, from the writ petitioner. The afore recovery(s) are endeavored to be made, from the pecuniary amounts, hence defray-able towards gratuity, and, also towards leave encashments, to, the writ petitioner.
(2.)It is under well settled, through a verdict, made by the Hon'ble Apex Court, in Special leave to appeal (c) No(s). 11025/2020 titled as M/s Steel Authority of India Ltd. Versus Raghbendra Singh and others, that, the afore endeavor strictly qua valid unliquidated governmental dues, rather enjoys an aura, of, validation. Consequently, if the afore endevour falls within domain thereof(s), thereupon it does acquire, an, aura of validation.
(3.)Be that as it may, it is clarified that borrowings, if any, made by the writ petitioner, from financial institution(s) concerned, and, theirs working towards his therethrough, creating movable and immovable assets, when may otherwise become covered, by apposite mortgage deeds, and, hypothetication deeds, executed inter-se the writ petitioner, and, the financial institution concerned, and, are realisable therefrom, (a) thereupon recovery(s), if any, qua therewith, if are endeavored to made, may not be made (b) as, thereupon the petitioner may dehors his liquidating the afore borrowings through monthly apposite remittances, rather become defacilitated to from the fullest releasing to him, of post retiral benefits, hence promptly make the apposite liquidations to the financial institution(s) concerned.
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