DALVEER BHANDARI, S.B.SINHA
Kerala State Financial Enterprises LTD. – Appellant
Versus
Official Liquidator, High Court of Kerala – Respondent
The legal document indicates that the rights of a financial corporation, even when statutory, are not absolute and are subject to the overarching principles of equity and due process of law. Specifically, the document emphasizes that the provisions of the Companies Act, which include protections for the rights of creditors and procedures for recovery and liquidation, must be adhered to, unless explicitly overridden by a special statute. It clarifies that attachment of properties by a Revenue Recovery Court does not automatically create a charge that can supersede the rights of the company's liquidator or other creditors, and that such attachments are subject to the rules of the court and the due process of law (!) (!) .
Furthermore, the document underscores the importance of respecting orders of competent courts and the necessity of following proper legal procedures, including registering charges and obtaining leave from the court for certain actions. It states that statutory rights, such as those of financial corporations, are subordinate to the due process of law and the orders of courts with proper jurisdiction. The rights of a financial corporation are therefore not insulated from the principles of fairness, legal procedure, and judicial authority, and must operate within the framework of the law and court orders (!) (!) .
In summary, the document supports the view that the rights of a statutory financial corporation are subject to the principles of equity and due process, which include respecting the orders of competent courts and following the prescribed legal procedures.
JUDGMENT
S.B. Sinha, J. - Leave granted.
2. Appellant herein is a Government company. It is engaged in conduct of chitties. M/s. Concert Capital Limited together with its sister concern M/s Concert Securities Limited took loan from it. They failed to repay the said loan. A recovery proceeding was initiated against the defaulting company under the Kerala Revenue Recovery Act, 1968. A notification was issued in that behalf in terms of Section 71 thereof.
3. The properties belonging to the defaulting company were attached. In the meanwhile, the Company went for voluntary liquidiation. A provisional liquidator was appointed. Appellant was informed thereabout.
4. In the pending company proceeding being C.A. No. 165 of 2001, Appellant filed an application seeking leave to proceed with the sale of the properties, which was object to, inter alia, on the premise that the charge in respect of the alleged debt was not registered with the Registrar of Companies and, thus, it was an unsecured creditor. A Counter Affidavit thereto was filed by Respondent. A prayer was also made by the Official liquidator for a direction upon Appellant to surrender the original documents. The application for leave to
REFERRED TO : Indian Bank v. Official Liquidator, Chemmeens Exports (P) Ltd. and Ors.
International Coach Builders Ltd. v. Karnataka State Financial Corporation
Sardar Mahadik and Anr. v. Devi Sahai and Ors.
Rajasthan State Financial Corporation and Anr. v. Official Liquidator and Anr.
Jay Engineering Works Ltd. v. Industry Facilitation Council and Anr.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.