LAWS(ALL)-2010-3-233

S.N.F.ALLOYS PVT.LTD.THROUGH ITS MANAGING DIRECTOR Vs. STATE OF U.P.THROUGH THE SECRETARY, FINANCE DEPARTMENT SACHIVALAYA, LUCKNOW AND OTHERSQ

Decided On March 29, 2010
S.N.F.Alloys Pvt.Ltd.through its Managing Director Appellant
V/S
State of U.P.through the Secretary, Finance Department Sachivalaya, Lucknow Respondents

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and the learned Standing Counsel for the State.

(2.) BY virtue of present writ petition the petitioner is challenging the or­der of recovery of the collection charges to the tune of 10%. It is contended by the learned Counsel for the petitioner that the recovery certificate was issued for recovery of the amount due. Subsequently, vide letter dated 24.12.2001 the same recovery certificate was requested to be returned immediately for consid­eration, confirmation and verification of the account which is Annexure 2 to the letter. Again recovery certificate was issued for recovering the amount men­tioned in the alleged recovery certificate which is Annexure 3 to the writ petition. By virtue of Annexure 4 a demand notice was sent for recovery of collection charges upto the tune of 10% of the amount sought to be recovered.

(3.) LEARNED Standing Counsel for the State conceded the facts and situa­tions raised by the learned Counsel for the petitioner regarding the processing of the recovery certificate.