- (1.) Heard Shri Manoj Kumar Pandey, learned counsel for the petitioner. Learned Standing Counsel appears for State respondents.
(2.) The petitioner is aggrieved by a recovery certificate dated 21.3.1996 issued by the National Small Industries Corporation Ltd to the District Magistrate, Allahabad to recover Rs, 3,97,188/- advanced to the petitioner for purchase of 'Asian Automatic Offset Printing Machine'; 'Isothim Fartor Reesin Ongrissive Machine' and '3 H.P. Motor 4440 Bolt' under U.R Public Money (Recovery of Dues) Act, 1972. It is stated in the writ petition that the petitioner purchased an Automatic Offset Printing Machine and a Cutting Machine on 'Hire Purchase Basis through the agency of respondent-Corporation under an agreement. According to the schedule and the calculation sheet, the entire amount of Rs. 7,10,031/- was agreed to be paid by the petitioner in 13 years in instalments of Rs. 50,371/- per annum. The first instalment was to fall due after one and half years of issuing the R/R.
(3.) The machines supplied were alleged to be highly defective and were received after inordinate delay. It is alleged that the R/R was issued on 31.3.1990 but the machines were delivered only in the last week of May, 1990. The respondent corporation did not rectify the defects. The petitioner, however, continued to partly pay the amount and that as against Rs. 2,50,000/- approximately upto 31.3.1996 a sum of Rs. 3,85,200/- was paid. The corporation illegally and arbitrarily and on account of some annoyance with the father of the petitioner, who was also supplied defective machines, and had to be taken back by the Corporation, issued recovery certificate giving rise to this writ petition.;