- (1.) Heard learned Counsel for the parties.
(2.) The order which was passed in this writ petition on the date on which arguments were heard and the judgment was reserved is quoted below: Heard learned Counsel for the parties. judgment reserved. Sri. Mukhtar Alam, learned Counsel for the Respondent No. 2 states that Respondent No. 2 is a government company and further states that Commissioner is ex-officio Managing Director of the Respondent No. 2. He further states that from February, 1989 till July, 1991 Sri. K.M. Panth was the Commissioner of the region and Managing Director Respondent No. 2. If during the said period, i.e. from February, 1989 till July, 1991, someone else was also the Commissioner, then his name shall also be intimated to the Court through written argument. Parties are at liberty to file written argument. Learned Counsel for the Respondent has supplied Memorandum and Articles of Association of Respondent No. 2 and General Service Rules. Learned Counsel also states that Respondent No. 2 is now virtually closed and at present there is only one employee.
(3.) Petitioner No. 1 is registered society (para 1 of the writ petition) and Petitioner No. 2 Majid Khan is its Secretary (para 2 of the writ petition). Petitioner No. 1 entered into some dealings with Respondent No. 2 Bareilly Mandal Vikas Nigam Ltd. (which was previously known as U.P. Pashchimi Kshetriya Vikas Nigam Ltd). Respondent No. 2 is a Government Company of which Commissioner of the region is ex-officio Managing Director. A recovery certificate was issued by Respondent No. 2 against the Petitioner No. 1 seeking recovery of Rs. 23,64,186.84. The case of the Respondent No. 2 was that a portion of the said amount was in the form of advance made for boring work (tube well boring) and some portion was due in respect of supply of agricultural Dunlop Bullock cart to Bisalpur Chini Mill. Petitioner denied that any amount was due against him and asserted in counter that an amount of more than Rs. 10 lakh was due to it against Respondent No.2.;