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1972 Supreme(MP) 146

G.L.OZA, K.K.DUBE
DURLABHKUMAR – Appellant
Versus
DISTRICT JUDGE, INDORE – Respondent


Advocates Appeared:
K.L.Sethi, S.N.Kohli

OZA, J.

( 1 ) THIS petition has been filed by the petitioner against an order passed by the district Judge, Indore, directing the sale of the property of the petitioner and recovery of the amount due to the respondent No. 2.

( 2 ) RESPONDENT No. 2 filed an application before the District Judge. Indore, under section 31 of the State-Financial Corporations Act. 1951, (hereinafter called the act), for the sate of the property of the petitioner which-was mortgaged as equivalent Citation: security for a loan advanced by the respondent to the petitioner. It was alleged that according to the terms of the agreement the petitioner was required to pay off this amount in five equal yearly Instalments starting from 1st March 1965. There was also a term for Payment of interest which was to be a half-yearly payment. and in case of default respondent No. 2 was entitled to recover the whole amount. It is alleged that after the payment of the first instalment, the petitioner paid some amount against the second instalment. But thereafter he failed to pay anything. Consequently the respondent-Corporation gave a notice on 17th September 1968 calling upon the petitioner to pay the whole amount with int


















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