- (1.) Tech-Invest (India) Private Limited and Sri K.K. Gosain, Managing Director, are the two petitioners in this writ petition praying Citation dated 14.10.1996 (Annexure - I) and the Recovery Certificate (Annexure - 2) be quashed. When the writ petition was filed on 30.10.1996 counter - affidavit was called. It has been filed to which Rejoinder affidavit has also been filed. Supplementary affidavit alongwith some other documents has also been filed on the last occasion when the matter had come up. The learned Counsel for the petitioner was permitted to obtain instructions from his client regarding the steps which the petitioners may take concerning the recovery proceedings of Rs. 34,4076.47 p. which is shown to be outstanding against the petitioner on the day the Recovery Certificate was issued.
(2.) Sri Ravi Kiran Jain assisted by Sri P.K. Jain has been heard at length in support of this writ petition. Sri A.K. Mishra, learned Counsel appearing for the U.P. Small Industries Corporation Limited has also been heard at substantial length. Sri Vishnu Prakash, learned standing Counsel has also been heard on behalf of the opposite parties Nos. 1, 2 and 3 who are recovering officials. As prayed by learned Counsel for the parties, this writ petition is being disposed of finally at the admission stage.
(3.) In pursuance of the aforesaid order of this Court dated 6.3.1997 a supplementary affidavit has been filed today by Sri Jain. In paragraph 5 of the affidavit in support of the stay extension application it has been averred as under : "Para - 5. That although the due amount has been paid yet in order to purchase peace and to end the entire litigation forever petitioner is willing to pay Rs. 1,14,448/-. Out of which Rs. 1 lac shall be paid today and the rest of the amount will be paid by end of May, 1997 in compliance of order dated 6.3.1997.";