- (1.) HEARD Shri Pankaj Gupta, learned counsel for the petitioner and Shri Nishant Shukla, learned counsel for respondent nos. 3 and 4.
(2.) THROUGH the instant writ petition, the petitioner has assailed the recovery citation dated 16.8.2010 as also the recovery certificate dated 2nd August, 2010 whereby the petitioner has been held liable for payment of loan being one of the Directors of the Company.
(3.) BRIEFLY the facts of the case are that one Company, namely, Kusum Chlorides and Allied Chemical Private Limited Dausa, Rajasthan was incorporated under the Company Registration Act with its registration dated 4 th May,1992 with the Registrar of the Companies. It was registered with three Directors, namely, Aditiya Kumar, Gynendra Bahadur Singh and Umesh Bahadur Singh. The petitioner was inducted as Director of the Company later on. The Company applied for loan of Rupee twenty lakh before the opposite party no. 4, i.e. Rajasthan Financial Corporation, district Dausa, Rajasthan. The loan was sanctioned on 8 th September, 1993. The Company, with the amount of loan, established a factory. It is stated by the petitioner that by means of resolution dated 22.1.1996 the petitioner was removed from the Board of Directorship of Company. The resolution was accepted by the Registrar of the Companies on 6.5.1996. Thus, the petitioner remained no more Director of the Company but opposite party no. 4 issued a letter dated 28.2. 2007 to the Collector district Dausa, Rajasthan ( Opposite Party No. 3) to recover Rs.1,43,11,367/ - from the petitioner and two other Directors, who were also removed, as arrears of land revenue under the provisions of 256/257 of the Rajasthan Land Revenue Act. Learned counsel for the petitioner submits that the loan was sanctioned in the name of Company and not in the name of petitioner nor was the property of the petitioner mortgaged against the loan. Therefore, the loan, in question cannot be recovered from his personal asset.;