SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2014 Supreme(All) 1912

TARUN AGARWALA, SATISH CHANDRA
SUPER COIR INDIA, DELHI – Appellant
Versus
U. P. FINANCIAL CORPORATION LTD. , KANPUR – Respondent


Advocates:
Counsel :
A.K. Gupta for the Petitioner; S.C. and A.A. Khan for the Respondents.

JUDGMENT

Hon’ble Tarun Agarwala, J.—We have heard Sri A.K. Gupta, the learned counsel for the petitioner and Sri A.A.Khan, the learned counsel for the Uttar Pradesh Financial Corporation Ltd. (hereinafter referred to as the Corporation).

2. The facts leading to the filing of this writ petition is, that the Corporation gave a loan to M/s. Hindustan Coir Products Ltd. and, in lieu thereof, the said company mortgaged its property situated at A-36, Industrial area Sikandrabad, District Bulandshahr. This company could not pay the loan amount and, accordingly, recovery proceedings under Section 29 of the State Financial Corporations Act, 1951 (hereinafter referred to as the Act) was initiated against the said company. The Corporation took possession of the mortgaged property, which was put to auction in which the petitioner’s bid was accepted. The Corporation executed a sale-deed dated 8.1.1992 in favour of the petitioner for a sum of Rs. 33.50 lakhs. Upon a down payment of Rs. 13.40 lakhs, the balance amount of Rs. 16.75 lakhs was to be paid by the petitioner in five installments. Much depends upon the recital made in the sale-deed. Relevant paragraphs and Schedule-II of the sale-deed ar




























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top