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2008 Supreme(Cal) 91

SANJIB BANERJEE
West Bengal Industrial Development Corpn. Ltd. – Appellant
Versus
Nicon Electronics Devices Pvt. Ltd. – Respondent


Advocates appeared:
Jishu Sana, Suman Dutta, for Appellants; A. K. Dhandhania, R. S. De., for Respondents.

ORDER :- Five of the six guarantors sued by the petitioner State Financial Corporation have applied for recalling orders passed in the proceedings. The ostensible ground in the application is the lack of authority of this Court to receive the petition under Section 31(l)(aa) of the State Financial Corporation Act, 1951. The ground urged at the final hearing of the application is for dismissal of the petition on the count of limitation. The point of limitation is canvassed on the strength of a line found in the application that the proceedings are not maintainable. The State Financial Corporation has been afforded time to answer the point of limitation and the matter has been heard with the State Financial Corporation resisting the ground of limitation without insisting on the technical objection that such matter would not fall within the ambit of this application.

2. The principal ground originally put forth has been abandoned by the applicants. The applicants do not any longer insist that a High Court has no jurisdiction to receive a petition of such nature. The applicants were, of course, dissuaded from pursuing the primary basis of the application upon the State Financial Corpora

































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