Supreme Court · 1994 INSC 536 · Decided 22 November 1994

U.P. Financial Corporation and ORS. v. M/S Naini Oxygen and Acetylene Gas LTD. and ANR.

Court
Supreme Court of India
Citation
1994 INSC 536 · [1994] SUPP. 5 S.C.R. 654
Case number
CIVIL APPEAL No. 568/1987
Decided
22 November 1994
Bench
KULDIP SINGH, P.B. SAWANT (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution; Companies Act Section 397, 398

Headnote

UP. State Financial Corporation Act, 1951: Section 29-Default in repayment of loan ·instalments-Corporation justified in taking over .the industrial establishment-Jn matters commercial the Courts should not risk their judgments for the judgments of the statutory bodies. The appellant - under the State Financial Corporation Act, 1951. On 10.12.1975 it sanctioned a term loan of Rs. 30 lakhs to the first respondent - Company payable in 17 half-yearly instalments by 22.8.1986. The Memorandum of Agreement executed-between the appellant and respondent provided for recall of

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