Supreme Court · 2010 INSC 239 · Decided 23 April 2010
M/S. A.P.T. Ispat PVT. LTD. v. U.P. Small Industries Corporation LTD. & ANR.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 239 · [2010] 5 S.C.R. 150
- Case number
- CIVIL APPEAL No. 663/2003
- Decided
- 23 April 2010
- Bench
- AFTAB ALAM, SWATANTER KUMAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- IPC
Headnote
Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972 - ss. 2 and 3 - Non-payment of dues, for the goods C purchased from the financial Corporatjon - Corpora_tion issuing recovery certificates uls. 3 and ajso filing FIR al~eging . offences under /PC - Challenge t91recovery certificate, Court - On appeal, held: The recovery certificates are illegal - Such certificates should be based on D tarigible agreement - Sale of good is not 'financial assistance', hence s. 3 not applicable - In view of FIR, goods were ·taken away in the course of criminal action - The Act is not
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