In the High Court for the States of Punjab and Haryana, at Chandigarh. C.W.P.No. 2163 of 2006 Decided on Sept 12,2006. Ashutosh Tula ---petitioner vs. Haryana Financial Corporation & others ---respondents Coram: Hon'ble Mr.Justice Jasbir Singh Hon'ble Mr.Justice Pritam Pal Present: Mr. R.M.Singh,Advocate, for the petitioner Mr. Puneet Gupta,Advocate,for respondents Nos 1 and 3 and Mr.S.S.Pattar,Sr.DAG,Haryana. for respondent No.2. Jasbir Singh J:(Oral) This writ petition has been filed, with a prayer to quash Recovery Certificate, Annexure P-1, issued by competent authority, while exercising powers under the Haryana Public Moneys (Recovery of Dues) Act, 1979. Counsel for the petitioner states that in view of the judgment of Hon'ble Supreme Court in Uniqua Butyle Tube Industries (P) Ltd v. U.P. Financial Corporation and others (2003 (2) Supreme Court Cases 455, the proceedings for recovery of the defaulted amount, cannot be initiated under the above said Act. When confronted with the above-mentioned argument raised by counsel for the petitioner, Mr. Gupta, states nothing to the C.W.P.No.2163 of 2006 -2- contrary. As per established law, this Court feels that it is open to the Financial Corporation to proceed against defaulter under the provisions of the State Financial Corporations Act, 1951. Thus, taking a note of the aforesaid judgment, this writ petition is allowed. Recovery Certificate, annexure P-1, is set aside. However, liberty is granted to the Financial Corporation to proceed against the petitioner afresh as per law. (Jasbir Singh) Judge Sept 12,2006, (Pritam Pal) RR Judge