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Issues: Whether recovery proceedings initiated under the Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972 were maintainable in view of section 34(2) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.
Analysis: Section 34(1) gives the 1993 Act overriding effect over inconsistent laws, while section 34(2) creates only limited exceptions in favour of specified enactments, including the State Financial Corporations Act, 1951. The Uttar Pradesh Act is not among those saved statutes. The recovery mechanism under the Uttar Pradesh Act is a separate mode of recovery and is not merely a mode permissible under the State Financial Corporations Act. The Court declined to supply any casus omissus or enlarge the statutory exception by interpretation, holding that the plain language of section 34 could not be extended to cover proceedings under the Uttar Pradesh Act.
Conclusion: Proceedings under the Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972 were not maintainable; they were quashed, while the Corporation was left free to proceed under the 1993 Act or the State Financial Corporations Act, 1951 as legally available.
Ratio Decidendi: A statutory overriding provision must be given effect according to its plain terms, and an exception to it cannot be enlarged by reading into the statute a recovery mode that is not expressly saved.