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2022 Supreme(MP) 413

VIVEK AGARWAL
M. P. State Industrial Development Corporation Ltd. – Appellant
Versus
Rajeev Kumar Agrawal – Respondent


Advocates:
Sanjay K. Agrawal for appellant.

ORDER

None appears for the respondents.

2 . Appellant’s contention is that appellant is aggrieved of order dated 7.5.2001 passed by learned District Judge, Bhopal rejecting an application for guarantee furnished by respondents at Bhopal on the ground that section 31(aa) of the State Financial Corporation Act, 1951 (hereinafter referred to as ‘’Act of 1951'’) is a special Act and it provides for enforcement of claim by the Financial Corporation. It is held that claim in suit under section 31(aa) is not separable from the provisions contained in section 31 which specially create jurisdiction on the respective District Judge within whom jurisdiction the industry is situated.

3. Shri Agrawal, learned counsel, reading provisions of section 46-B of the State Financial Corporation Act points out that provisions of the Act of 1951 are in addition to and not in derogation of any other law for the time being applicable to an industrial concern. He submits that therefore general law will be applicable and since guarantee was given at Bhopal, jurisdiction of Court at Bhopal can be invoked. Reliance is placed on the judgment of Division Bench of Karnataka High Court in the case of Karnataka Stat

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