PUNJAB & HARYANA HIGH COURT
M.L.Singhal, J.
Haryana Financial Corporation Limited
Versus
Kabis Shines Private Limited
Civil Revisions No. 3213 of 1999,
Decided On : OCTOBER 4, 2001
Financial Corporation - Loan Repayment - State Financial Corporations Act, 1951, Sec. 29 - Indian Companies Act - [Sec. 29 of the State Financial Corporations Act, 1951] - The judgment discusses the application of Sec. 29 of the State Financial Corporations Act, 1951 in the context of a loan repayment dispute involving M/s. Kabis Shines Pvt. Ltd. and Haryana Financial Corporation. The court considered the legal provisions and their interpretations, emphasizing the Corporation's authority to take possession of the industrial unit and put it up for sale when the borrower failed to repay the loan despite rescheduling. The judgment highlights the Corporation's duty to recover loans for promoting small and medium industries, balancing fairness with the need for loan recycling and industrial development.
Fact of the Case:
M/s. Kabis Shines Pvt. Ltd. availed a loan under the Indian Companies Act, failed to repay the outstanding amount, and sought injunction against Haryana Financial Corporation's possession of its industrial unit. The Corporation justified its decision to take possession and sell the unit under Sec. 29 of the State Financial Corporations Act, 1951.
Finding of the Court:
The court found that the Corporation's decision to take possession and sell the unit was valid and justified, considering the borrower's defaults despite rescheduling. The court emphasized the Corporation's duty to recover loans for promoting industrial development and the lack of equity in favor of the borrower.
Issues: The issues involved the validity of the Corporation's decision to take possession and sell the unit, the borrower's defaults despite rescheduling, and the balance of fairness and loan recovery for industrial development.
Ratio Decidendi: The court held that the Corporation's decision under Sec. 29 of the Act was not arbitrary, emphasizing the duty to recover loans for promoting small and medium industries and the lack of equity in favor of the borrower.
Final Decision: The revisions were allowed, and the temporary injunction in favor of the plaintiff was vacated, upholding the Corporation's authority to take possession and sell the unit under Sec. 29 of the State Financial Corporations Act, 1951.
1. Vide order dated 23-12-97, Additional Civil Judge, Senior Division, Hissar allowed the application of M/s. Kabis Shines Pvt. Ltd., a company registered under the Indian Companies Act restraining the Haryana Financial Corporation from taking possession of its factory unit. Not satisfied with this order dated 23-12-97 of Additional Civil Judge (Senior Division), Hissar, Haryana Financial Corporation went in appeal. Vide order dated 27-2-99, learned District Judge, Hissar dismissed the appeal. Still not satisfied, Haryana Financial Corporation has come up in revision to this Court.
2. By means of this order, Civil Revisions No. 3202, 3213, 3214, 3215 and 3216 of 1999 would be disposed of as the same question of law and fact is involved in all these revisions. Facts :
3. M/s. Kabis Shines Pvt. Ltd., a Company registered under the Indian Companies Act, 1956, availed loan of Rs. 85.37 lacs on 14-12-93 which was to be repaid in 29 instalments. Payment of Rs. 39.40 lacs was paid to Haryana Financial Corporation upto 16-12-97. Payment of Rs. 6 lacs was made on 12-12-97. On the request of the plaintiff, defaulted amount was allowed to be paid as per rescheduling vide letter dated 26-7-96. Still, the plaintiff failed to pay the defaulted amount. Out of the total amount of Rs. 132.93 lacs, only payment of Rs. 39.40 lacs was made upto 16-12-97. Payment of Rs. 6 lacs was made on 12-12-97. Remaining amount was due with further interest from 1-12-97. When the plaintiff failed to make the payment, order was passed by the Haryana Financial Corporation under Sec. 29 of the State Financial Corporations Act, 1951 (in short the Act) that possession of its industrial unit be taken and it be put to sale. Plaintiff filed suit for permanent injunction restraining the Haryana Financial Corporation from taking possession of its industrial unit on the basis of its decision taken on 28-11-97. It was alleged in the plaint that the said decision is illegal, without jurisdiction, mala fide, based on political considerations, contrary to law, void ab initio and non est. It was further alleged that the plaintiff is ready and willing to make payment of the remaining amount in easy instalment. Balance of convenience is thus in its favour. There is also a prima facie case in its favour. Along with the plaint, the plaintiff made an application for the grant of temporary injunction restraining the defendant-Haryana Financial Corporation from taking possession of its industrial unit alleging that it is ready and willing to make payment of the remaining amount in easy instalment. It would suffer irreparable injury if temporary injunction is not granted to it because it has already employed more than 100 workers. They will lose their job. There is recession in the industrial sector.
4. Defendant-Haryana Financial Corporation opposed the grant of temporary injunction urging that the plaintiff had availed loan of Rs. 85.37 lacs on 14-12-93 which was to be repaid in 29 instalments. Plaintiff paid only Rs. 39.40 lacs to it upto 16-12-97. Amount of Rs. 6 lacs was paid on 12-12-97. On the plaintiffs failure to pay the instalments, the remaining amount was allowed to be paid as per rescheduling. Plaintiff defaulted in the payment of the amounts as rescheduled. Remaining amount is due against the plaintiff with further interest from 1-12-97. Haryana Financial Corporation decided to take possession of its industrial unit under Sec. 29 of the Act and put it to sale. Its decision to take possession of its industrial unit is perfectly valid, justified and legal. Plaintiff has no prima facie case nor balance of convenience is in its favour.
5. Vide order dated 23-12-97, Additional Civil Judge (Senior Division), Hissar allowed temporary injunction to the plaintiff restraining the defendant-Haryana Financial Corporation from taking possession of its industrial unit. Learned District Judge dismissed the defendants appeal vide order dated 27-2-99.
6. Still not satisfied, def
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