MAHESHWARI BROTHERS Vs. THE CHAIRMAN AND MANAGING DIRECTOR

JUDGEMENT

(1.) IN the instant writ petition the petitioner has prayed for quashing of the impugned certificate dated 15.10.1998 (Annexure No. 6) issued by respondent No. 1 against the petitioner and forwarding letter dated 24.10.1998 (Annexure No. 6 -A) issued by respondent No. 2 and recovery notice dated 5.6.1999 (Annexures No. 5 and 5 -A) issued by respondent No. 3 to the petitioner in relation to recovery of the amount of Rs. 3,14,642 plus Rs. 2.00 with its all consequential effects throughout whatsoever with immediate effect. The petitioner has also prayed for issuing mandamus commanding the respondents (i) not to recover the alleged amount of Rs. 3,14,642.39 contained in the recovery certificate as well as recovery notice from the petitioner either in cash or by way of making attachment of his movable and immovable property and selling the same in the auction proceedings, (ii) to decide his representation dated 9.8.1999 contained in Annexure No. 7 and 7 -A to the writ petition, and (iii) to refund the amount of TDR/Fixed Deposit Amount of Rs. 50,000/ - with the interest at the present bank rate accrued thereupon for last several years and further to pay the commission and loss suffered by the petitioner to the tune of Rs. 2 lacs due to non -performance of the contract No. 12 dated 16.11.1991 (Annexure No. 7 -A) by respondent No. 1.

(2.) THE petitioner has further prayed for withdrawal of the recovery certificate dated 15.10.1998 and recovery notice dated 5.6.1999 with its all consequential effects.

(3.) IT appears from the record that the matter arises out of a contract of dealership by which the petitioner was appointed as an authorized dealer and an agreement had been entered into between U.P. State Textile Corporation Limited and M/s. Maheshwari Brothers. The relevant clauses of the agreement are set out hereinbelow: