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december 2002

Supreme Court of India · 2002-12-20

M/S. UNIQUE BUTYLE TUBE INDUSTRIES P.LTD vs U.P. FINANCIAL CORPORATION .

Citation / case number
SC 2001/9295
Court
Supreme Court of India
Petitioner
M/S. UNIQUE BUTYLE TUBE INDUSTRIES P.LTD
Respondent
U.P. FINANCIAL CORPORATION .
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT. SYED SHAH MOHAMMED QUADRI

Judgment text excerpt

The Supreme Court examined the maintainability of recovery proceedings initiated by U.P. Financial Corporation under the Uttar Pradesh Public Monies (Recovery of Dues) Act, 1972 in light of Section 34(2) of the Recovery of Debts Due to Bank and Financial Institutions Act, 1993. The Court held that the Financial Corporation has the discretion to choose between recovery methods under different statutes, affirming the High Court's conclusion that proceedings under the U.P. Act are permissible. The judgment of the High Court was upheld, allowing the recovery proceedings to continue.

M/S. UNIQUE BUTYLE TUBE INDUSTRIES P.LTD vs U.P. FINANCIAL CORPORATION . · Niyam