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2009 Supreme(SC) 1779

ASOK KUMAR GANGULY, G.S.SINGHVI
Punjab Financial Corporation – Appellant
Versus
Surya Auto Industries – Respondent


Advocates appeared:
T. S. Doabia, Sr. Adv., Samar Vijay Singh, Jagjit Singh Chhabra, Advs., for with him the Appellant.

JUDGMENT

G.S. Singhvi, J. —

1. Leave granted.

2. This is an appeal for setting aside order dated 21.11.2008 passed by the Punjab and Haryana High Court whereby it allowed the writ petition filed by the respondent, quashed the action taken by the appellant- Corporation under Section 29 of the State Financial Corporations Act, 1951 (for short, ‘the Act’) for recovery of its dues and also directed review of all pending cases in which penal interest has been compounded.

3. On an application made by the respondent for grant of loan for setting up an industrial unit in District Gurdaspur (Punjab), the appellant- Corporation sanctioned a term ‘loan ofRs.24.25 lacs. For securing repayment of the loan, the respondent mortgaged immovable properties in favour of the appellant-Corporation. As per the terms of agreement executed between the parties, the respondent was required to repay the loan together with interest on specified dates but it failed to adhere to the time schedule and a sum of Rs.2.70 lacs only was deposited till 2002. Therefore, after issuing notice under Section 29 of the Act, the appellant-Corporation took possession of the unit. This action was followed by notices dated 2






























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