Dr. Rajagopal @ Raj G. Pal Vs Karnataka State Finance Corporation, No. 2716 I Floor, Sowrabha Chambers Sri Harsha Road, Mysore, State Bank of Travancore Associate of State Bank of India and Karnataka State Industrial Investment and Development Corporation Ltd.

Karnataka High Court 22 Jul 2011 M.F.A No. 3371 of 2010 (IA) (2011) 07 KAR CK 0228
Bench: Division Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

M.F.A No. 3371 of 2010 (IA)

Hon'ble Bench

Mohan Shantanagoudar, J; K. Govindarajulu, J

Advocates

Manmohan P.N, for the Appellant; Gururaj Joshi, for R1, Sri Vijay Kumar, for R2 and Sri P.S. Manjunath, for R3, for the Respondent

Final Decision

Dismissed

Acts Referred
  • Provincial Insolvency Act, 1920 - Section 8

Judgement Text

Translate:

Mohan Shantanagoudar, J.@mdashThis appeal is not maintainable against respondents 1 and 3, inasmuch as they are the Corporations. Section 8 of the Provincial Insolvency Act, 1920 reads thus:

8. Exemption of corporation, etc., from insolvency proceedings-No insolvency petition shall be presented against any corporation or against any association or company registered under any enactment for the time being in force

2. From the above, it is clear that no insolvency petition can be presented against any Corporation or against any Association or Company registered under any enactment for the time being in force. Since respondents 1 and 3 are Corporations registered under particular enactment, the petition/appeal would not lie against them. Hence, no relief can be granted against respondents 1 and 3 and therefore the appeal is liable to be dismissed against respondents 1 and 3. So also, the appeal is not maintainable against respondent No.2, as respondent No.2 is a company registered under the Companies Act. Though the second respondent is a subsidiary bank of State Bank of India, it is a company registered under the Companies Act. Hence, appeal is also liable to be dismissed against respondent No. 2.

Accordingly, appeal stands dismissed.

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