MAHA LAXMI FLOUR MILLS PRIVATE LIMITED Vs. STATE OF UTTAR PRADESH
LAWS(ALL)-2003-10-23
HIGH COURT OF ALLAHABAD
Decided on October 31,2003

MAHA LAXMI FLOUR MILLS PRIVATE LIMITED, Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

M.KATJU, J. - (1.) This writ petition has been filed against the impugned order dated 20-1-2000 Annexure 19 to the writ petition by which the petitioner prayer for rehabilitation of its units have been rejected by the competent authority and the petitioner was directed to liquidate the liabilities of the respondent or give the proposal for one time settlement within fifteen days of the issuance of the letter failing which coercive steps will be taken for realisation of the dues of the Corporation.
(2.) We have heard the learned counsels for the parties.
(3.) The petitioner had taken a loan from the U. P. Financial Corporation but when it did not repay the same, proceedings under Section 29 of the State Financial Corporation Act were initiated against it. The petitioner filed a suit before the Civil Judge, Deoria along with an application for temporary injunction In which the Civil Judge on 29-10-1993 passed an order restraining the respondents from recovering any amount in question from the petitioner for a period of one year on the ground that rehabilitation proceeding is going on. Against that order the Financial Corporation filed a Civil Revision in this Court which was dismissed on the ground that the period of one year had expired and hence it was not necessary to decide the revision on merits. In that decision this Court also considered the plea of the petitioner under Section 22 of the Sick Industrial Company Act 1985 and observed that the plaintiff can make an application before the Civil Court in this connection.;


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