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1989 Supreme(SC) 322

M.N.VENKATACHALIAH, RANGANATH MISRA
Swastic Automobiles – Appellant
Versus
Bihar State Financial Corporation – Respondent


Advocates:
A.SHARAN, D.B.VOHRA, D.N.DEVEDI, G.L.SANGHI, G.RAMASVAMY, M.P.Jha, Rakesh U.Upadhyay

JUDGMENT

RANGANATH MISRA, J. :— Special leave granted.

2. This appeal is by special leave and is directed against the dismissal of an appeal of the appellants by a Division Bench of the Patna High Court and confirming the order of a learned single Judge made in a writ petition.

3. When the matter was heard we found that the sale of the security by the Bihar State Financial Corporation, respondent No. 1, herein, in exercise of its powers under the Financial Corporation Act (63 of 1951) was difficult to be sustained inasmuch as the security which was valued at over Rs. 20 lacs had been sold away for a small amount that was actually due by the debtor to the Corporation and subsequently the price had been raised to some extent by negotiation. We further found that the auction-purchasers were no other than the tenants.

4. At our instance learned counsel for the appellant (debtor), respondent No. 1 (creditor) and respondents Nos. 6 and 7 (auction- purchasers) attempted to settle the entire dispute but while there is agreement on major issues, some survived for being ironed out with our intervention.

5. We have heard learned counsel for the parties and direct that the civil appeal shall be di











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