Allahabad High Court
Sriyut Shree Lal vs State Of U.P. & 4 Others on 15 July, 2015
Bench: Arun Tandon, Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 9
Case :- WRIT - C No. - 38684 of 2015
Petitioner :- Sriyut Shree Lal
Respondent :- State Of U.P. & 4 Others
Counsel for Petitioner :- Rajesh Kumar Srivastava,Shashi Nandan,Udayan Nandan
Counsel for Respondent :- C.S.C.
Hon'ble Arun Tandon,J.
Hon'ble Ashwani Kumar Mishra,J.
Heard Sri Shashi Nandan assisted by Sri Udayan Nandan, learned counsel for the petitioner and learned counsel for the respondents.
The petitioner had obtained financial assistance from National Small Industries Corporation Ltd., a government company (hereinafter referred to as the Corporation). Recovery proceedings were initiated by the Corporation against the petitioner. A recovery certificate for a sum of Rs. 71,53,718/- plus 10 percent collection charges was issued on 27.9.2004. This recovery certificate was subjected to challenge by the present petitioner before this Court by means of Writ Petition No. 43495 of 2004, which was dismissed vide the judgment and order dated 20.11.2014. However, the Writ Court observed that the dismissal of the writ petition shall not prejudice the rights of either of the parties in the proceedings, which was pending in the Civil Court at Madras. Not being satisfied, petitioner filed Special Leave Petition No. 4003 of 2005, which was dismissed by the Apex Court with the observation that the petitioner may seek impleadment of National Small Industries Corporation as respondent no.4 in the civil suit and to further seek interim protection therein. Such application was directed to be considered and decided by the civil court on its own merits.
On a query being made by the Court, counsel for the petitioner orally stated that the petitioner had made an application for impleadment of National Small Industries Corporation as one of the defendants int the suit pending before the civil court, madras. It is further stated that interim injunction was granted in favour of the petitioner.
The petitioner by means of this writ petition seeks quashing of the recovery certificate dated 27.5.2015 wherein a sum of Rs. 1,18,39,269/- has been demanded from the petitioner towards the dues of National Small Industries Corporation.
But we are sorry to record that neither the date on which the injunction was granted nor the terms on which the injunction was granted by the civil court, Madras has been disclosed before this Court in this petition.We also fail to understand that once National Small Industries Corporation has been made a party in the suit which is pending why cannot the petitioner seek the relief as prayed in this petition in the pending suit itself.
We refuse to entertain the present writ petition for deliberate concealment of the facts specifically those referring to the status of injunction granted by the Civil Court, Madras as also on the ground that the petitioner may seek the relief prayed in this petition in the pending suit itself.
Accordingly the writ petition is dismissed.
Order Date :- 15.7.2015
Ashish Pd.
