Supreme Court · 1998 INSC 196 · Decided 23 April 1998
S.K. Bhargava v. The Collector, Chandigarh and ORS.
- Court
- Supreme Court of India
- Citation
- 1998 INSC 196 · [1998] 2 S.C.R. 1158
- Case number
- CIVIL APPEAL No. 599/1986
- Decided
- 23 April 1998
- Bench
- B.N. KIRPAL, S.S.M. QUADRI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
Haryana Public Moneys (Recovery of Dues) Act, 19791 State Finacial Corporation Act, 1951 : C S.3(I)(b)/ S.31-lssuance of recovery certificate-Opportunity of hearing to defaulter-Held, it is not a mere claim which is forwarded to Collector for realisation-It is 'sum due' as determined by Managing cannot be done without notice to alleged defau!ter--As no D opportunity of hearing was given to alleged defaulter while determining the sum due and before issuance of recovery certificate u!s 3(2) of 1979 Act, both determination of sum due and recovery certificate are vitiated and are set
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