Punjab State Industrial Development Corporation Vs Saroj Sharma and another

High Court Of Punjab And Haryana At Chandigarh 18 Aug 2011 LPA. No. 652 of 2011 (O and M)
Bench: Division Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

LPA. No. 652 of 2011 (O and M)

Hon'ble Bench

Vijender Singh Malik, J; Hemant Gupta, J

Final Decision

Dismissed

Acts Referred

State Financial Corporations Act, 1951 — Section 29

Judgement Text

Translate:

Hemant Gupta, J

1. Present appeal is directed against an order passed by learned Single Judge on 30.9.2010, whereby the writ petition was allowed challenging the

action of the appellant proposing to sell the property in exercise of the powers u/s 29 of the State Financial Corporation Act, 1951 (for short the

''Act'').

2. The respondent herein has stood surety to the loan advanced to the Company. The property of the surety is sought to be recovered in exercise

of the powers conferred u/s 29 of the Act. Learned Single Judge allowed the writ petition relying upon the judgment of Hon''ble the Supreme

Court in Karnataka State Financial Corporation Vs. N. Narasimahaiah and Others, . It has been held therein, that u/s 29 of the Act, the

Corporation has a right to take over the management or possession or both of the industrial concern. But it does not confer any right in respect of

properties of the surety.

3. In view of the aforesaid judgment, we do not find that there is any illegality or irregularity in the order passed by learned Single Judge on

30.9.2010.

4. Dismissed.

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