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2004 Supreme(Kar) 307

N.K.JAIN, N.KUMAR, V.G.SABHAHIT
KARNATAKA STATE FINANCIAL CORPORATION – Appellant
Versus
JAYA MENON – Respondent


Advocates:
A.K.Lakshman, D.L.N.RAO, D.S.JOSHI, K.Gopal Hegde, P.SHIVANNA, Y.H.GANESH BHAT

N. K. JAIN, C. J.

( 1 ) THIS reference has been placed before the Full Bench as per the order of the Chief Justice dated 26-3-2004. The matter has come up before us on 13-4-2004.

( 2 ) A Division Bench of this Court was considering the appeals. Having heard the submission and considering the case laws relied upon by the learned counsel for the parties, it formulated certain questions for consideration. The Division Bench found no decision of any Court in the country, which touched the questions formulated by it. It found contrary views expressed by a single bench judgment of the Rajasthan High court in Rajasthan Financial Corporation v. Banwari Lai, AIR 1997 Rajasthan 273 and in the decision in Orissa State Financial Corporation v. Sailendra Narayan Patnaik, (1999) Bank Cas 78 regarding applicability of Article 137 of the Limitation Act (for short, 'the Act') to applications under Section 31 of the State Financial Corporations Act ('sfc act' for short ). In view of the conflicting decisions, the Division Bench being of the opinion that an authoritative pronouncement on 'the points would be perfectly justified, directed the office to place the matter before the Chief Justice for con



























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