UDYAMI EVAM KHADI GRAMODYOG WELFARE SANSTHA Vs. STATE OF UP
LAWS(SC)-2007-12-19
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on December 05,2007

UDYAMI EVAM KHADI GRAMODYOG WELFARE SANSTHA Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

S. B. Sinha, J. - (1.) Leave granted.
(2.) Extent of Superior Courts jurisdiction to dismiss a writ petition for alleged suppression of material fact is involved in this appeal which arises out of a judgment and order dated 19.07.2006 passed by the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow in WP No. 4274 (M/B) of 2006.
(3.) Basic fact of the matter is not in dispute. Appellant is a co-operative society (Samiti). It applied for loan for establishment of an industry for manufacturing Aluminum Pottery from the respondents. A loan of Rs. 5,24,000/- was sanctioned in the year 1991. A Sum of Rs. 3,09,000/- was released by the respondents. Again, a sum of Rs. 90,000/- was sanctioned in 1996. It filed an application for grant of loan of Rs. 22,00,000/- under the Consortium Bank Credit Scheme for establishing an unit for manufacturing P vs. C. Shoe Sole. A sum of Rs. 16,20,000/- was sanctioned and Rs. 13,20,000/- was released. The Samiti allegedly defaulted in making payments. Recovery proceedings were initiated against the Samiti. Several writ petitions were filed by it questioning the legality thereof.;


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