REGENT COMPUTRONICS PVT. LTD.

RAM KISHUN Appellant

V/S

STATE OF UTTAR PRADESH Respondents

Referred Judgements :-

UNION BANK OF INDIA V. OFFICIAL LIQUIDATOR HIGH COURT OF CALCUTTA & ORS. [REFERRED TO]
INDUSTRIAL INVESTMENT BANK OF INDIA LTD. V BISWASNATH JHUNJHUNWALA [REFERRED TO]
NARMADA BACHAO ANDOLAN V. STATE OF MADHYA PRADESH & ANR. [REFERRED TO]
BANK OF BIHAR LIMITED VS. DAMODAR PRASAD [REFERRED TO]
STATE OF GUJARAT VS. PATIL RAGHAV NATHA [REFERRED TO]
NAVALKHA AND SONS VS. RAMANYA DAS [REFERRED TO]
STATE OF ORISSA VS. HARINARAYAN JAISWAL [REFERRED TO]
GAJADHAR PRASAD VS. BABU BHAKIA RATAN [REFERRED TO]
KAYJAY INDUSTRIES PRIVATE LIMITED VS. ASNEW DRUMS PRIVATE LIMITED [REFERRED TO]
TAKKASEELA PEDDA SUBBA REDDI VS. PUJARI PADMAVATHAMMA [REFERRED TO]
MAHARASHTRA STATE ELECTRICITY BOARD BOMBAY VS. OFFICIAL LIQUIDATOR HIGH COURT ERNAKULAM [REFERRED TO]
STATE OF UTTAR PRADESH ASHOK KUMAR VS. SHIV CHARAN SHARMA:UNION OF INDIA [REFERRED TO]
UNION OF INDIA VS. BOMBAY TYRE INTERNATIONAL LIMITED [REFERRED TO]
STATE BANK OF INDIA VS. SAKSARIA SUGAR MILLS LIMITED [REFERRED TO]
UNION BANK OF INDIA VS. MANKU NARAYANA [REFERRED TO]
AMBATI NARASAYYA VS. M SUBBA RAO [REFERRED TO]
STATE BANK OF INDIA VS. INDEXPORT REGISTERED [REFERRED TO]
BRIJ LAL VS. BOARD OF REVENUE [REFERRED TO]
DESH BANDHU GUPTA VS. N L ANAND AND RAJINDER SINGH [REFERRED TO]
CHAIRMAN AND MANAGING DIRECTOR SIPCOT MADRAS VS. CONTROMIX PRIVATE LIMITED [REFERRED TO]
GURBACHAN SINGH VS. SHIVALAK RUBBER INDUSTRIES [REFERRED TO]
D S CHOHAN VS. STATE BANK OF PATIALA [REFERRED TO]
DUNCANS INDUSTRIES LIMITED VS. STATE OF UTTAR PRADESH [REFERRED TO]
DIVYA MANUFACTURING CO PRIVATE LIMITED VS. UNION BANK OF INDIA [REFERRED TO]
HARYANA FINANCIAL CORPORATION VS. JAGDAMBA OIL MILLS [REFERRED TO]
TRANSCORE VS. UNION OF INDIA [REFERRED TO]
LACHHMAN DASS VS. JAGAT RAM [REFERRED TO]
B ARVIND KUMAR VS. GOVERNMENT OF INDIA [REFERRED TO]
STATE OF MAHARASTRA VS. GAJANAN ALIAS HEMNT [REFERRED TO]
VALJI KHIMJI ALIAS COMPANY VS. OFFICIAL LIQUIDATOR OF HINDUSTAN NITRO PRODUCT GUJARAT LTD [REFERRED TO]
UNITED BANK OF INDIA VS. SATYAWATI TONDON [REFERRED TO]
S. MARIYAPPA VS. SIDDAPPA [REFERRED TO]

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 20.1.2004 in C.M.W.P. No. 22420 of 2001 passed by the High Court of Judicature at Allahabad, by which it has affirmed the judgment and orders passed by the Board of Revenue and other revenue officials in respect of the recovery of bank dues from the Appellants as their predecessor-in-interest was the guarantor of bank loan.

(2.) Facts and circumstances giving rise to this case are that:

(3.) Shri D.K. Garg, Learned Counsel appearing for the Appellants has submitted that no recovery could have been made from the Appellants as Ganga Prasad debtor had left huge movable/immovable properties and other livestocks which could satisfy the demand of the bank loan. More so, there were two guarantors and father of the Appellants was not the only guarantor. Thus, the entire liability of the remaining unpaid amount could not have been fastened upon them. The properties of the Appellants were worth rupees two lakhs which had been sold in auction at a throw-away price of Rs. 25,000/- only, that too, without following procedure prescribed by law. For recovery of the balance amount of loan, only a part of the suit land could be sold. The objections filed by the Appellants had been rejected by all the authorities/courts below on the ground of delay without considering the same on merit. Hence, the said orders are liable to be set aside and appeal deserves to be allowed.

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RAM KISHUN Vs. STATE OF U P

Referred Judgements :-

JUDGEMENT

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