Supreme Court · 2008 INSC 1431 · Decided 12 December 2008

Bihar State Financial Corporation v. M/S. Chhotanagpur Minerals and ORS.

Court
Supreme Court of India
Citation
2008 INSC 1431 · [2008] 17 S.C.R. 548
Case number
CIVIL APPEAL No. 7253/2008
Decided
12 December 2008
Bench
S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
Outcome
Dismissed
Case type
Civil

Headnote

State Financial Corporations Act, 1951 -- ss.29 and 30 - Power under - Scope of - Held: The power to be exercised c only in respect of the properties which were mortgaged - Selling of the property, not forming part of mortgage, is illegal and without jurisdiction - Financial Corporation for the loss caused by such action. Respondent No.1 took loan from appellant- D Corporation for setting up a factory. Respondent No.1 mortgaged lease hold right over a piece of land of the factory with the Corporation. Factory was set up. Corporation initiated proceedings in terms of ss. 29

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