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2008 Supreme(SC) 488

S.B.SINHA, LOKESHWAR SINGH PANTA
Karnataka State Financial Corporation – Appellant
Versus
N. Narasimahaiah – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. Section 29 of the State Financial Corporations Act does not authorize the Corporation to proceed against a surety. The rights under this section are limited to the defaulting industrial concern only (!) (!) .

  2. A director of a company is not considered an industrial concern, nor does he act in that capacity as a surety. The legal distinction between the corporate entity and individual sureties or directors is significant, and the liabilities of sureties are separate from those of the industrial concern itself (!) (!) .

  3. The provisions of Section 29 confer specific rights that are to be exercised only against the defaulting industrial concern, not against guarantors or sureties, unless explicitly provided for. The words "as well as" in Section 29 do not extend these rights to sureties or guarantors (!) (!) .

  4. Section 31 of the Act provides for additional remedies, including enforcement of liability against sureties, which are distinct and separate from the remedies under Section 29. The procedure under Section 31 involves a court process and is not limited to the industrial concern alone (!) (!) .

  5. The legislative intent clearly distinguishes the scope of Sections 29 and 31, with Section 31 providing a broader scope that includes actions against sureties and security, whereas Section 29 is confined to the defaulting industrial concern (!) (!) .

  6. The right to recover dues can be exercised through multiple remedies, including filing suits, invoking Sections 29 or 31, or resorting to Section 32G for recovery of dues as land revenue. The choice of remedy is at the discretion of the Corporation, and these remedies are not mutually exclusive (!) (!) .

  7. The exercise of statutory powers must be within the bounds of the law and exercised reasonably and bona fide, especially given the Corporation's status as a State entity (!) (!) .

  8. The interpretation of statutory provisions should align with legislative intent, and the entire statute should be read as a whole. Specific provisions are to be applied according to their plain language and purpose, without implying powers or rights not explicitly granted (!) (!) .

  9. A person in lawful possession cannot be deprived thereof due to default by the principal debtor unless explicitly authorized by law. The rights of a surety or guarantor are distinct and cannot be exercised against them under Section 29 unless specific conditions are met (!) (!) .

  10. The legislative amendments and the language used in the statutes reflect a clear intent to limit certain powers and remedies to specific parties, reinforcing that Section 29 does not extend to guarantors or sureties, which are governed separately under Section 31 (!) (!) .

  11. Overall, the legal framework emphasizes that remedies against sureties are to be invoked through appropriate court procedures under Section 31, and not under Section 29, which is restricted to the defaulting industrial concern (!) (!) .

  12. The rights of property and human rights considerations are also recognized, but these do not override the specific statutory provisions governing recovery and enforcement actions (!) .

  13. The distinction between corporate legal entities and individual sureties is fundamental, and the legal process must respect this separation, especially in enforcement actions (!) (!) .

  14. The statutory provisions are designed to facilitate speedy recovery of dues, but within the framework of constitutional and legal principles, including the rights of individuals and entities involved (!) (!) .

  15. The appeals in the case are dismissed as without merit, affirming that proceedings against sureties or guarantors under Section 29 are not permissible, and that the appropriate remedy involves court proceedings under Section 31 (!) .

Would you like a more detailed analysis or assistance with specific legal questions related to this document?


JUDGMENT

S.B. SINHA, J :


INTRODUCTION

1. Interpretation of Section 29 vis-`-vis Section 31 of the State Financial Corporations Act, 1951 (for short "the Act") is in question in these appeals which arise out of a judgment and order dated 26.03.2003 passed by a Division Bench of the Karnataka High Court in Writ Petition Nos. 37209 & 37907 of 2000, 24452 of 2001, 13354 and 16614 of 2002.

FACTUAL BACKDROP

2. Respondents herein furnished sureties and/ or guarantees in respect of the loans taken by the industrial concerns (Respondent Company)

3. We may notice the fact of the matter from the case of AP Rocks Private Limited (Writ Petition No. 37209 and 30907 of 2000) before the High Court. AP Rocks Private Limited is an industrial concern. It approached the appellant Corporation for grant of loan in the form of non-convertible debenture facility to the extent of 100 lakhs to meet its working capital requirements.

Respondents who were Directors of Company executed deeds of guarantee dated 15.05.1996 and 9.08.1996 agreeing to guarantee repayment/ redemption by the Company to the Corporation of the said non-convertible debenture subscription together with in








































































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