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1990 Supreme(Mad) 579

SRINIVASAN
Virolex Cables – Appellant
Versus
The Tamil Nadu Industrial Investment Corporation Limited – Respondent


ORDER

Srinivasan, J.

1. This civil revision petition is directed against the order, dismissing the application for entering caveat as not maintainable. The caveat was filed by the petitioners in the expectancy of a proceeding by the Tamil Nadu Industrial Investment Corporation Limited under the provisions of the State Financial Corporations Act, 1951. The District Judge dismissed the application, holding that under Section 32 of the said Act, a financial corporation is entitled to get orders without notice to the defaulter and there is no question of the defaulter filing a caveat with reference to a proceeding under Section 31 of the Act.

2. Learned Counsel for the petitioners contends that the District Judge is functioning as District Court and the powers under the said Act are not conferred on him as 'persona designata', but conferred on the Court itself. Hence, he argued that the provisions of Section 148-A of the Code of Civil Procedure will automatically apply and they cannot be excluded by the provisions of the said Act. It is also argued that it will be depriving the Court of its independence, and the provisions of the relevant sections cannot he construed in that fashion.

3. I





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