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

Search related judgments

Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)