- (1.) HEARD learned Counsel for the Petitioner, learned Standing Court and Sri Nipendra Mishra, learned Counsel appearing for the Respondent No. 3.
(2.) BY this writ petition the Petitioner has prayed for quashing the impugned recovery certificate dated 8.12.2010 issued by the U.P. Financial Corporation tot he Collector for recovery of dues against the Petitioner's firm under the Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972. Learned Counsel for the Petitioner contends that after the enactment of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, the U.P. Financial Corporation could not have invoked 1972 Act since Section 34 of 1993 Act gives overriding effect to the provisions of 1993 Act. He has placed reliance on the Full Bench judgment of this Court reported in, 2005 (60) ALR 455 Suresh Chandra Gupta and Anr. v. Collector, Kanpur Nagar and others and the judgment of the Apex Court reported in : 2003 (2) SCC 455, Unique Butyle Tube Industries (P) Ltd. v. U.P. Financial Corporation and others.
(3.) IN response to the aforesaid submission, Sri Nipendra Mishra, learned Counsel for the Respondent relied upon the judgment of the Apex Court in the case of Pawan K Umar Jain v. Pradeshiya Industrial and Investment Corporation of U.P. Ltd. reported in, 2004 (57) ALR 190. In Pawan Kumar Jain's case the recovery under 1972 Act was issued prior to 24.1.2004 on which date the pick up was notified under 1993 Act.;