UNIQUE BUTYLE TUBE INDUSTRIES PRIVATE LIMITED Vs. UTTAR PRADESH FINANCIAL CORPORATION
LAWS(SC)-2002-12-40
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on December 20,2002

UNIQUE BUTYLE TUBE INDUSTRIES PVT.LTD. Appellant
VERSUS
UTTAR PRADESH FINANCIAL CORPORATION Respondents





Cited Judgements :-

THE SOUTH INDIAN SUGAR MILLS ASSOCIATION VS. GOVERNMENT OF KARNATAKA [LAWS(KAR)-2014-11-173] [REFERRED TO]
SHREEMAD JAGADGURU SHANKARACHARYA SHREE SHREE RAGHAVESHWARA BHARATI SWAMIJI VS. STATE OF KARNATAKA [LAWS(KAR)-2014-12-7] [REFERRED TO]
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION VS. COUNCIL OF ARCHITECTURE [LAWS(DLH)-2011-5-61] [REFERRED TO]
M USMAN VS. KERALA FINANCIAL CORPORATION [LAWS(KER)-2006-1-59] [REFERRED TO]
JAYASREE VS. UNION OF INDIA, [LAWS(KER)-2018-12-172] [REFERRED TO]
COMMISSIONER OF INCOME TAX, BILASPUR VS. INCOME TAX APPELLATE TRIBUNAL, JABALPUR [LAWS(CHH)-2013-5-6] [REFERRED TO]
NARENDRA KANTILAL SHAH VS. JOINT REGISTRAR CO-OPERATIVE SOCIETIES [LAWS(BOM)-2003-7-180] [REFERRED TO]
T.R. JEWELLERY AND ORS. VS. STATE BANK OF INDIA AND ORS. [LAWS(APH)-2015-11-17] [REFERRED TO]
D. MAHESH KUMAR VS. STATE OF TELANGANA [LAWS(APH)-2016-11-7] [REFERRED TO]
GOVERNMENT OF ANDHRA PRADESH VS. P VEMA REDDY [LAWS(APH)-2007-2-42] [REFERRED TO]
K RAMCHANDRA RAO VS. STATE OF A P PUBLIC PROSECUTOR [LAWS(APH)-2003-12-109] [REFERRED TO]
JAYASRI GUHA NEE GHOSH VS. SHUKLA GHOSH [LAWS(CAL)-2008-4-13] [REFERRED TO]
M/S. GANGA INDUSTRIES LTD., AND OTHERS VS. PRADESHIYA INDUSTRIAL AND INVESTMENT CORP. AND OTHERS [LAWS(ALL)-2017-12-247] [REFERRED TO]
GOUTAM DEY; BISWAJIT CHAKRABORTY @ MANGAL VS. STATE OF TRIPURA; DISTRICT MAGISTRATE & COLLECTOR [LAWS(TRIP)-2014-9-61] [REFERRED]
DAYAL SINGH VS. UNION OF INDIA [LAWS(SC)-2003-1-105] [REFERRED]
SINGARENI COLLIERIES CO. LTD. VS. VEMUGANTI RAMAKRISHAN RAO [LAWS(SC)-2013-8-67] [REFERRED TO]
MOHAMMED BASHEER K P VS. DEPUTY GENERAL MANAGER [LAWS(KER)-2010-2-22] [REFERRED TO]
CHARANJEET GABA VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2011-12-291] [REFERRED]
PUSHKAR CEMENT PVT LTD VS. STATE OF BIHAR [LAWS(PAT)-2017-1-158] [REFERRED TO]
SUSHIL KUMAR SHARMA VS. UNION OF INDIA [LAWS(SC)-2005-7-12] [REFERRED TO]
SURESH KUMAR KOUSHAL VS. NAZ FOUNDATION [LAWS(SC)-2013-12-20] [REFERRED TO]
RAJ KUMAR VS. H.P.FINANCIAL CORPORATION [LAWS(HPH)-2004-12-54] [REFERRED TO]
SATISH BABUBHAI PATEL VS. UNION OF INDIA AND 3 ORS. [LAWS(GJH)-2013-11-87] [REFERRED TO]
VIVEK JAIN VS. ASST COMMISSIONER OF INCOME TAX [LAWS(APH)-2011-1-19] [REFERRED TO]
NAVAYUGA ENGINEERING CO LTD VS. ASSISTANT COMMISSIONER (CT), LTU, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT [LAWS(APH)-2014-12-7] [REFERRED TO]
TULSIRAM K GOTHAD VS. SUPERINTENDENT, MAHATMA GANDHI MEMORIAL HOSPITAL [LAWS(BOM)-2007-10-235] [REFERRED]
KANSAI NEROLAC PAINTS LIMITED VS. PAINTS EMPLOYEES UNION [LAWS(BOM)-2007-10-252] [REFERRED]
TORRENT POWER AEC PVT LTD VS. GAYATRI INTERMEDIATES PVT LTD [LAWS(GJH)-2006-4-33] [REFERRED TO]
JUPITER TRADING COMPANY AND ANOTHER VS. UNION BANK OF INDIA AND OTHERS [LAWS(CAL)-2018-5-82] [REFERRED TO]
SMT. SUSHILA DEVI VS. STATE OF U.P. [LAWS(ALL)-2017-10-21] [REFERRED TO]
MAHARASHTRA STATE FINANCIAL CORPORATION VS. DEVIDAS K VIRKAR [LAWS(BOM)-2004-5-23] [REFERRED TO]
NARENDRA KANTILAL SHAH VS. JOINT REGISTRAR CO OPERATIVE SOCIETIES APPEAL BOMBAY [LAWS(BOM)-2003-12-8] [REFERRED TO]
WARDHMAN S O SAMJIBHAI DHARAMSI VS. BANK OF MAHARASHTRA [LAWS(BOM)-2005-8-38] [REFERRED TO]
PRABIR CHATTERJEE VS. ICICI BANK LTD [LAWS(CAL)-2010-10-19] [REFERRED TO]
COMMISSIONER INCOME TAX VS. MUZAFAR NAGAR DEVELOPMENT AUTHORITY [LAWS(ALL)-2013-8-123] [REFERRED TO]
MAK PLASTIC P LTD VS. U P FINANCE CORPORATION [LAWS(ALL)-2008-8-1] [REFERRED TO]
Jujhar Singh VS. State of U.P. and others [LAWS(ALL)-2006-12-201] [REFERRED TO]
RAMVILAS BAJAJ VS. ASHOK KUMAR [LAWS(APH)-2007-4-12] [REFERRED TO]
PAWAN KUMAR JAIN VS. PRADESHIYA INDUSTRIES AND INVESTMENT CORPORATION OF U P LIMITED [LAWS(SC)-2004-8-47] [REFERRED TO]
STATE OF UTTARAKHAND VS. KM. KIRAN CHAUDHARY D/O SRI J.C. CHAUDHARY [LAWS(UTN)-2010-2-27] [REFERRED TO]
M.S.P.L. LIMITED VS. STATE OF KARNATAKA [LAWS(SC)-2022-10-8] [REFERRED TO]
MANOJ TARWALA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2006-7-16] [REFERRED TO]
SRIRAM CHITS TAMIL NADU PVT LTD VS. STATE OF TAMIL NADU [LAWS(MAD)-2008-10-277] [REFERRED TO]
SANJEEV KUMAR JAIN VS. STATE OF M.P. [LAWS(MPH)-2017-1-29] [REFERRED TO]
ROSAMMA JOSEPH VS. STATE OF KERALA [LAWS(KER)-2014-2-45] [REFERRED TO]
DHARAMSINH DESAI UNIVERSITY VS. ASHISHKUMAR M PATEL [LAWS(GJH)-2013-10-20] [REFERRED TO]
SH. KRISHAN DAYAL VS. HIMACHAL PRADESH STATE FINANCIAL CORPORATION AND ORS. [LAWS(HPH)-2010-4-190] [REFERRED TO]
MANAGING DIRECTOR M/S LVSR FAMRS PVT LTD VS. OFFICIAL LIQUIDATOR HIGH COURT OF A P [LAWS(APH)-2012-6-33] [REFERRED TO]
BIPLAB KANU PAL VS. STATE BANK OF INDIA [LAWS(GAU)-2006-11-27] [REFERRED TO]
RAJENDRA KUMAR BAGHERWAL, S/O LATE B C BAGHERWAL VS. CHHATTISGARH KAMDHENU VISHWAVIDYALAYA, HQ [LAWS(CHH)-2018-2-69] [REFERRED TO]
KRISHNA KUMAR AND JAI PRAKASH THROUGH SRI KRISHNA KUMAR S/O LATE JAI PRAKASH VS. STATE OF U.P. [LAWS(ALL)-2006-4-322] [REFERRED TO]
MITHLESH KUMAR TRIPATHI V S TRIPATHI VS. COMMISSIONER OF INCOME TAX THE ADDITIONAL COMMISSIONER OF INCOME TAX [LAWS(ALL)-2005-11-7] [REFERRED TO]
OM PRAKASH SINGH VS. NAGAR PRAMUKH MAHAPAUR NAGAR NIGAM VARANASI [LAWS(ALL)-2003-2-105] [REFERRED TO]
NUTECH PAKCAGING LIMITED VS. STATE OF U P [LAWS(ALL)-2011-2-131] [REFERRED TO]
JAGDISH RAI VS. HARYANA FINANCIAL CORPORATION [LAWS(P&H)-2007-11-7] [REFERRED TO]
DEEPA UDHAYAKUMAR VS. STATE BANK OF HYDERABAD INDIRA NAGAR BRANCH [LAWS(MAD)-2005-3-4] [REFERRED TO]
M/S CHAMUNDESWARI DIAMOND TOOLS (P) LTD. VS. THE MANAGING DIRECTOR KARNATAKA STATE FINANCIAL CORPORATION AND OTHERS [LAWS(KAR)-2018-10-266] [REFERRED TO]
M USHMAN VS. KERALA FINANCIAL CORPORATION [LAWS(KER)-2006-11-38] [REFERRED TO]
OM AGGARWAL VS. HARYANA FINANCIAL CORPORATION AND ORS. [LAWS(SC)-2015-2-71] [REFERRED TO]
SMT. RADHIKA BHARGAVA VS. DR. ARJUN SAHAGAL [LAWS(BOM)-2019-1-56] [REFERRED TO]
ZORU DARAYUS BHATHENA VS. TREE AUTHORITY, MUMBAI [LAWS(BOM)-2019-7-100] [REFERRED TO]
TENSILE STEEL LTD VS. PUNJAB AND SIND BANK [LAWS(GJH)-2006-5-1] [REFERRED TO]
A.J.INFRASTRUCTURES VS. STATE OF H.P. [LAWS(HPH)-2007-9-94] [REFERRED TO]
ARAVIND RAMACHANDRA ANEGUNDI VS. KARNATAKA STATE FINANCIAL CORPORATION [LAWS(KAR)-2014-6-221] [REFERRED TO]
MAN MOHAN RAI VS. U P FINANCIAL CORPORATION [LAWS(ALL)-2014-7-34] [REFERRED TO]
OM PRAKASH SINGH VS. STATE OF U.P. [LAWS(ALL)-2014-3-253] [REFERRED TO]
VINOSKUMAR RAMACHANDRAN VALLUVAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2011-3-162] [REFERRED TO]
KAMAL KUMAR SRIVASTAVA VS. BOARD OF REVENUE [LAWS(ALL)-2011-8-89] [REFERRED TO]
ALL INDIA LOCAL TELEVISION CHANNEL OWNERS WELFARE TRUST VS. STATE OF U.P. [LAWS(ALL)-2013-4-66] [REFERRED TO]
AHMED EHTESHAM KAWKAB VS. GOVERNMENT OF INDIA [LAWS(APH)-2009-9-34] [REFERRED TO]
RAMVILAS BAJAJ VS. ASHOK KUMAR [LAWS(APH)-2007-4-46] [REFERRED TO]
SURESH CHANDRA GUPTA VS. COLLECTOR KANPUR NAGAR [LAWS(ALL)-2005-5-70] [REFERRED TO]
UNIVALUE PROJECTS PVT LTD VS. UNION OF INDIA [LAWS(CAL)-2020-8-13] [REFERRED TO]
ABDUL SAMAD V. T. VS. VALANCHERY MUNICIPALITY [LAWS(KER)-2020-2-375] [REFERRED TO]
A P T ISPAT PVT LTD VS. U P SMALL INDUSTRIAL CORPORATION LTD [LAWS(SC)-2010-4-45] [REFERRED TO]
RATTANDEEP SINGH VS. STATE OF UTTARAKHAND & OTHERS [LAWS(UTN)-2017-11-92] [REFERRED TO]
ANTI CORRUPTION MOVEMENT VS. THE CHIEF SECRETARY TO GOVERNMENT OF TAMIL NADU, CO-OPERATION, FOOD & CONSUMER PROTECTION DEPARTMENT AND ORS. [LAWS(MAD)-2015-3-48] [REFERRED TO]
ANIL KAUR VS. HARYANA FINANCIAL CORPORATION [LAWS(P&H)-2011-4-3] [REFERRED TO]
AMRITHA CYBER PARK PRIVATE LIMITED VS. KERALA FINANCIAL CORPORATION [LAWS(KER)-2006-1-58] [REFERRED TO]
HAMZA.P. VS. CANARA BANK [LAWS(KER)-2017-11-9] [REFERRED TO]
JAGDISH KUSHWAH VS. STATE OF M.P. [LAWS(MPH)-2017-1-91] [REFERRED TO]
SANTOSH MISHRA VS. CENTRAL BANK OF INDIA [LAWS(MPH)-2003-2-23] [REFERRED TO]
STATE OF UTTARAKHAND AND ORS VS. KM KIRAN CHAUDHARY D/O SRI J C CHAUDHARY [LAWS(JHAR)-2010-2-205] [REFERRED]
BHIKHABHAI DAHYABHAI JAJADIYA VS. STATE OF GUJARAT [LAWS(GJH)-2017-9-137] [REFERRED TO]
WORLI KOLIWADA NAKHWA MATSYA VYAVASAY SAHKARI SOCIETY LTD VS. MUNICIPAL CORPORATION OF GREATER MUMBAI [LAWS(BOM)-2019-7-78] [REFERRED TO]
NIRMAL JAIN VS. PRADESHIYA INDUSTRIAL AND INVESTMENT CORPORATION OF U P [LAWS(ALL)-2011-3-167] [REFERRED TO]
ALKA ICE AND COLD STORAGE PVT LTD VS. STATE OF U P [LAWS(ALL)-2012-5-248] [REFERRED TO]
SUMITRA DEVI VS. SPECIAL JUDGE / ADDL DISTT & SESS JUDGE [LAWS(ALL)-2020-6-61] [REFERRED TO]
RANJIT BOSE VS. E AND N F RAILWAY CREDIT CO OPERATIVE SOCIETY LTD [LAWS(CAL)-2009-2-92] [REFERRED TO]
M.P.FINANCIAL CORPORATION VS. BRIJESH KUMAR PUGALIA [LAWS(CHH)-2013-10-25] [REFERRED TO]
NASIRUDDIN VS. SITA RAM AGARWAL [LAWS(SC)-2003-1-112] [REFERRED TO]
RAVINDRA KUMAR CHOUDHARY VS. STATE OF M P AND OTHERS [LAWS(MPH)-2012-3-205] [REFERRED]
SUNITHA VENKATRAM AND ORS. VS. DIVYA RAYAPATI [LAWS(MAD)-2015-3-446] [REFERRED TO]
PRAGYA GIRLS SCHOOL SOCIETY VS. STATE OF M.P. AND OTHERS [LAWS(MPH)-2015-12-79] [REFERRED]
SALINI RAVINDRAN VS. DEPUTY TAHSILDAR R R KERALA FINANCIAL CORPORATION [LAWS(KER)-2010-2-34] [REFERRED TO]
HARISH CHANDRA SINGH NAGARKOTI VS. DISTRICT MAGISTRATE/COLLECTOR, BAGESHWAR [LAWS(UTN)-2013-1-48] [REFERRED TO]
SRI SARAT CHANDRA ACHARYA VS. BANK OF INDIA AND 2 ORS. [LAWS(ORI)-2008-9-99] [REFERRED TO]
K P MUHAMMED BASHEER VS. DEPUTY GENERAL MANAGER KANNUR DISTRICT CO OP BANK LTD [LAWS(KER)-2010-2-4] [REFERRED TO]
HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION VS. HARYANA CONCAST LIMITED [LAWS(P&H)-2009-12-80] [REFERRED TO]
CHANDERKANT GUPTA VS. M P STATE INDUSTRIAL DEVELOPMENT CORPORATION [LAWS(MPH)-2010-4-29] [REFERRED TO]
EUREKA FORBES LIMITED VS. ALLAHABAD BANK [LAWS(SC)-2010-5-50] [REFERRED TO]
GAYATRI IRON & STEEL VS. STATE OF UTTARAKHAND AND OTHERS [LAWS(UTN)-2017-12-44] [REFERRED TO]
TEJALBEN JAYANTIBHAI NAGAR VS. STATE OF GUJARAT [LAWS(GJH)-2014-6-31] [REFERRED TO]
H.P. STATE FINANCIAL CORPORATION VS. KRISHAN DAYAL [LAWS(HPH)-2016-3-154] [REFERRED TO]
DENA BANK VS. KAMLAPUR SUGAR AND INDUSTRIES LTD. [LAWS(CAL)-2010-7-157] [REFERRED TO]
DULLU TEXTILES AND ANR. VS. THE COLLECTOR AND ORS. [LAWS(ALL)-2011-1-388] [REFERRED TO]
COMMISSIONER INCOME TAX VS. MUZAFAR NAGAR DEVELOPMENT AUTHORITY [LAWS(ALL)-2015-2-215] [REFERRED TO]
AUTHORIZED OFFICER VS. O L OF JHAGADIA COPPER & 15 [LAWS(GJH)-2016-9-29] [REFERRED]
PURSHOTTAM SUTWALA VS. PRADESHIYA INDUSTRIAL AND INVESTMENT CORPORATION OF U P LTD [LAWS(ALL)-2003-10-14] [REFERRED TO]
J K CONSTRUCTION ENGINEERS AND CONTRACTOR AND SRI S V RANGA REDDY VS. UNION OF INDIA UOI [LAWS(ALL)-2006-2-272] [REFERRED TO]
ARJUN URBAN CO OPERATIVE BANK LTD VS. CHIEF JUDICIAL MAGISTRATE SOLAPUR [LAWS(BOM)-2009-5-25] [REFERRED TO]
HOTEL SHIV SHAKTI VS. U.P. FINANCIAL CORPORATION [LAWS(ALL)-2011-4-471] [REFERRED TO]
GURUDAS MANGRUJI KAMDI VS. THE HONBLE CHANCELLOR OF RASHTRASANT TUKDOJI MAHARAJ NAGPUR UNIVERSITY [LAWS(BOM)-2014-10-16] [REFERRED TO]
KAMLAPUR SUGAR AND INDUSTRIES LTD VS. DENA BANK [LAWS(CAL)-2010-7-151] [REFERRED TO]
K RAMACHANDRA RAO VS. STATE OF A P [LAWS(APH)-2004-12-31] [REFERRED TO]
G RAJABABU VS. GOVERNMENT OF A P [LAWS(APH)-2007-3-57] [REFERRED TO]
V NARASIMHA RAO VS. GOVERNMENT OF ANDHRA PRADESH, INDUSTRIES & COMMERCE DEPARTMENT [LAWS(APH)-2012-1-128] [REFERRED TO]
RAK CERAMICS (INDIA) PRIVATE LIMITED VS. ASSISTANT COMMISSIONER [LAWS(APH)-2013-8-5] [REFERRED TO]
RAJ KUMAR ENGINEERING PVT. LTD. VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2014-9-55] [REFERRED TO]
M/S GVPR ENGINEERS LIMITED VS. THE STATE OF TELANGANA AND OTHERS [LAWS(APH)-2016-4-16] [REFERRED TO]
KAREM SIVAJEE VS. J.PRASAD BABU & ORS. [LAWS(APH)-2017-1-4] [REFERRED TO]
HDFC BANK LTD VS. KISHORE K MEHTA [LAWS(BOM)-2008-6-57] [REFERRED TO]
BIMLA DEVI GUPTA VS. UNION OF INDIA AND A [LAWS(ALL)-2008-3-119] [REFERRED TO]
DEEPAK KUMAR PANDEY VS. STATE OF U P [LAWS(ALL)-2008-3-206] [REFERRED TO]
KULDEEP BISHNOI VS. SPEAKER [LAWS(P&H)-2014-10-8] [REFERRED TO]
MUSSOORIE DEHRADUN DEVELOPMENT AUTHORITY VS. RAJESH GOYAL AND ORS. [LAWS(UTN)-2014-7-54] [REFERRED TO]
RELIANCE COMMUNICATIONS LIMITED VS. STATE OF BIHAR THROUGH SECRETARY, DEPARTMENT OF INDUSTRIES, SECRETARIAT, BAILEY ROAD, PATNA [LAWS(PAT)-2017-4-119] [REFERRED TO]
SATISH KUMAR BATRA VS. STATE OF HARYANA [LAWS(SC)-2009-4-80] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted.
(2.)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 Banks and Financial Institutions Act, 1993 (in short 'the Act').
(3.)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 its alleged failure to comply with the terms and conditions of loan granted to it : similar failure was alleged by three Directors and three guarantors. On 14-2-2001 Citation for recovery was issued by the Tehsildar, Varanasi, for recovery of the alleged dues as arrears of land revenue. Appellant challenged the said action before the Allahabad High Court in CMWP No. 13738 of 2001 on the ground that after the enactment of the Act, the proceedings were not maintainable. Reliance was placed on the provisions contained under Section 32(G) of the State Financial Corporation Act, 1951 (in short 'the Financial Act') to contend that no other proceeding is permissible to be taken under the Act. Reference was made to Sections 17 and 34 of the Act to substantiate his stand. Stand of the Corporation before the High Court was that alternative modes of recovery were prescribed under different statutes and one cannot stand on the way of the other mode. Choice was left upon to the Corporation to act either under the Act or under the modes permissible under the Financial Act. Proceedings initiated under the U.P. Act were covered by the said Act. A Division Bench of the High Court on consideration of the rival submissions held that the language of Section 34(2) of the Act placed the position beyond controversy and concluded as follows :

"The choice is clearly left open to the Financial Corporation which may proceed under the D.R.T. Act or may proceed under the other modes of recovering the debts as are permissible under the S.F.C. Act, i.e. it can proceed under the provisions of the U.P. Public Money (Recovery of Dues) Act."



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