S.P.Mehrotra, J. - (1.) The present application has been filed on behalf of the Pradeshiya Industrial and Investment Corporation of U. P. Ltd. (in short "P.I.C.U.P.") (respondent Nos. 1 and 2 in the writ petition), inter alia, praying that the order dated 19.7.2002 passed by a Division Bench consisting of Hon. S. R. Singh and Hon. S. P. Mehrotra, JJ. in the aforesaid writ petition (namely, Civil Misc. Writ Petition No. 15774 of 2002) be modified and the writ petition be dismissed.
(2.) The said order dated July 19, 2002, passed in Civil Misc. Writ Petition No. 15774 of 2002 is quoted below : "In Civil Misc. Writ Petition No. 8386 of 2002, Suresh Chand Gupta and Anr. v. Collector, Kanpur Nagar and Ors., following questions came up for consideration before this Bench : "First, whether the U. P. Public Moneys (Recovery of Dues) Act, 1972 (hereinafter called the State Act, 1972) has been rendered void and inoperative, after the insertion of Section 32G in the State Financial Corporation Act, 1951 (in short the Central Act, 1951) in so far as it relates to recovery of debt payable to the Corporation? ; Second, whether Section 3 of the State Act, 1972, is inconsistent with Section 32G of the Central Act, 1951, and if it is so, what is the effect? ; Third, whether the jurisdiction of the Collector to entertain an application of the Corporation for recovery under Section 3 of the State Act, 1972 of debt not being less than Rs. 10 lacs, is barred by Section 18 of the Recovery of Debts Due to the Bank's and Financial Institutions Act, 1993 (in short the Central Act, 1993) ; Fourth, whether the U. P. State Financial Corporation having taken possession of the assets and properties of the borrower company under Section 29 of the Central Act, 1951, was bound to exhaust its remedy under the said provision before intimating recovery proceeding against the sureties/guarantors?" Some of the questions involved in the said writ petition arise for consideration in the case as well. Accordingly it is directed that this petition may be listed after disposal of Civil Misc. Writ Petition No. 8386 of 2002, Suresh Chand Gupta and Anr. v. Collector, Kanpur Nagar and Ors. Interim order dated 9.5.2002 is modified to the extent that the Corporation may take recourse to the provisions of Sections 29, 31 and 32G of the State Financial Corporation Act or it may move an application before the Debt Recovery Tribunal under the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, for the recovery of its dues against the petitioner."
(3.) It appears that due to difference of opinion among the learned Judges constituting Division Bench (Hon. S. R. Singh and Hon. S. P. Mehrotra, JJ.) in Civil Misc. Writ Petition No. 8386 of 2002, Suresh Chand Gupta and Anr. v. Collector, Kanpur Nagar and Ors., the said Division Bench referred the questions mentioned above to larger Bench by the order dated 12.7.2002 passed in the said writ petition (namely, Civil Misc. Writ Petition No. 8386 of 2002). The relevant portion of the said order dated 12.7.2002 is quoted below : "By the Court Accordingly registry is directed to place the record of this writ petition before Hon'ble the Chief Justice for nominating the larger Bench for an authoritative decision of the issues as framed in the first paragraph of the Judgment of one of us (S. R. Singh, J.). Pending decision of the writ petition interim order dated 19.3.2002 is modified to the extent that the Corporation may take recourse to the provisions of Sections 29, 31 and 32G of the State Financial Corporation Act or it may move an application before the Debt Recovery Tribunal under the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, for the recovery of its dues against the petitioner.";