Palok Basu, J. - (1.) The only controversy involved in the bunch of these writ petitions is whether on the recovery proceedings initiated against the petitioners at the Instance of concerned respondent, recourse could be taken to the provisions contained in Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972 (for short Recovery Act).
(2.) M/s. Rewa Gases Private Limited have prayed that recovery certificate dated 6.10.1990 (Annexure-17 to the writ petition), Vikas Industrial Gases Limited have prayed that citation No. 132803 dated 21.8.1991 (Annexure-9 to the writ petition) and Vindhyachal Air Products Private Limited have prayed that recovery certificate dated 6.11.1996 (Annexure-18 to the writ petition) may be quashed. In these documents, substantial amount is sought to be recovered against the three petitioners respectively for the alleged price of the materials supplied by the respondent concerned to the petitioners. Undlsputedly, U. P.. Carbide and Chemicals Limited had made certain supplies to each of the petitioners and the price thereof has not been paid. This has resulted in recovery proceedings initiated by the U. P. Carbide and Chemicals Limited under the Recovery Act. When the writ petitions were filed, counter-affidavits were called. It transpires that U. P. Carbide and Chemicals Limited have gone in the meantime under liquidation. Consequently, it is now represented by the Official Liquidator on whose behalf Sri Sunil Ambwani, learned counsel, has put in appearance. Counter-affidavits have been filed by the Official Liquidator. Rejoinder-affidavits have also been filed by the petitioners to those counter-affidavits. Interim orders were passed while entertaining the writ petitions staying realisation proceedings under the Recovery Act and as prayed by the parties' learned counsel, the writ petitions are being disposed of finally at the admission stage.
(3.) Sri S. C. Budhwar, senior counsel, assisted by Sri Anil Sharma and Sri R. P. Agrawal, has been heard at considerable length in support of this writ petition. Sri Sunil Ambwani appearing on behalf of U. P. Carbide and Chemicals Limited (under liquidation) and Sri Virendra Kumar, standing counsel, appearing on behalf of the State of Uttar Pradesh have been heard in opposition at length.;