SWATANTRA KUMAR AGRAWAL Vs. MANAGING DIRECTOR U P FINANCIAL CORPORATION KANPUR

JUDGEMENT

(1.) This is a petition under Art. 226 of the Constitution in which the following reliefs have been prayed for:-

(2.) The petitioner is a partnership firm. Sri Swatantra Kumar Agarwal is its partner. It has established a rice mill by investing Rs. 6.55 lacs from its own resources. The U. P. Financial Corporation, respondent No. 2 advanced a loan of about Rs. 7.29 lacs against the sanctioned amount of Rs. 8.68 lacs. Due to the failure of the respondents in not timely providing and sanctioning the loan, the petitioner could not make a steady progress and suffered huge loss. It became a sick unit, for declaration of which an application is pending. In the writ petition filed by the petitioner earlier, an order dated 23-4-1992 (Annexure 1) was passed directing the respondents to dispose of the petitioner's application for declaring the unit as a sick unit. Accordingly the petitioner submitted an application/representation along with this Court's order to the respondents well within time. That was decided by the respondents vide order dated 12-11-1992, Annexure 2 to the writ petition. The petitioner contends that this decision is not in accordance with the decision of the Hon'ble Supreme Court in Mahesh Chandra's case nor in accordance with the directions given by this Court. on 30-11-1992 the petitioner again approached the respondents to reconsider the decision and decide the representation promptly. The petitioner made some additional offers also on its behalf vide its subsequent representation dated 30-11-1992, Annexure 3 to the petition. The same point was reiterated in the subsequent representation dated 17-3-1992. Nay, a writ petition was filed in this Court by the petitioner with the following prayers :-

(3.) Learned counsel for the respondents have put in appearance. At the stage of admission itself, parties' learned counsel have been heard. The main objection raised from the side of the respondents is two fold :- (1) Rule 7 of Chapter 22 of the Allahabad High Court Rules which runs as under, does not permit the second petition by the petitioner: