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2006 Supreme(SC) 293

R.V.RAVEENDRAN, ARUN KUMAR
Maharashtra State Financial Corpn. – Appellant
Versus
Ashok Kumar Agarwal – Respondent


JUDGMENT

Arun Kumar, J.—The appellant Maharashtra State Financial Corporation (hereinafter referred to as ‘the Corporation’) had sanctioned a loan of Rupees Five lakhs in favour of M/s. Crystal Marketing Private Limited on 14th November, 1978. The respondents in the present appeal were Directors of the said borrower and stood sureties for the loan. The amounts under the said loan were disbursed to M/s. Crystal Marketing Private Limited from time to time in the year 1979. The company however failed to repay the loan amounts. The Corporation issued various letters calling upon the borrower to clear its dues. Ultimately, the Corporation got a legal notice dated 8.3.1983 issued calling upon the borrower to repay the entire amounts due. On 25th October, 1983, the Corporation moved an application under Sections 31 and 32 of the State Financial Corporation Act, 1951 in the Court of the District Judge, North Goa, Panaji. The appellant Corporation prayed for an order of sale of the hypothecated property of the borrower company so that the sale proceeds could be appropriated towards meeting the outstanding liability of the borrower towards the appellant. On 11th June, 1990 the attached proper














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