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september 2011

Supreme Court of India · 2011-09-08

U.P. FINANCIAL CORP. vs M/S. SRI BHARAT PAPER UDYOG P.LTD. &ORS.

Citation / case number
SC 2006/26019
Court
Supreme Court of India
Petitioner
U.P. FINANCIAL CORP.
Respondent
M/S. SRI BHARAT PAPER UDYOG P.LTD. &ORS.
Author
Aftab Alam
Bench
AFTAB ALAM,R.M. LODHA, , ,

Judgment text excerpt

The Supreme Court upheld the Allahabad High Court's order directing UP Financial Corporation to issue a no-dues certificate and release title deeds to the respondent company, based on the terms of a one-time settlement (OTS). The Court found that the Corporation's failure to release the mortgaged land after the respondent's payment of the first installment under the OTS was unjust, thus relieving the respondent from liability for delayed payment interest. The judgment emphasized that the Corporation's insistence on interest charges post-OTS payment was unreasonable and illegal.

U.P. FINANCIAL CORP. vs M/S. SRI BHARAT PAPER UDYOG P.LTD. &ORS. · Niyam