Supreme Court · 1971 INSC 212 · Decided 24 August 1971
Asnew Drums Private LTD. & ORS. v. Maharashtra State Finance Corporation & ORS.
- Court
- Supreme Court of India
- Citation
- 1971 INSC 212 · [1972] 1 S.C.R. 351
- Case number
- CIVIL APPEAL No. 1021/1971
- Decided
- 24 August 1971
- Bench
- S.M. SIKRI, A.N. RAY, D.G. PALEKAR (3-judge bench)
- Case type
- Civil
- Acts & sections cited
- CPC Section 32; Constitution Article 136; Transfer of Property Act Section 69
Headnote
State Financial Corporation Act (Maharashtra Act, 63 of 1951)­ Appeal whether lies to High Court against order of sale of mortgaged pro­ perty by District Judge under s. 38(2)-District Judge whether persona designata-Summary dismissal of appeal whether justified. Section 32(8) of the State provides : "An order of attachment or sale of property under this section shall be carried into effect as far as practicable in the manner provided in the Code of Civil Procedure, 1908 for the attachment or sale of property in execu­ tion of a decree as if the Financial Corporation
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