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CHATTISGARH HIGH COURT
Sanjay K. Agarwal, J.
Madhya Pradesh Financial Corpn. (Now Chh. State Industrial Devp. Corpn. Ltd.) v. Brijesh Kumar Pugalia
| Table of Content |
|---|
| 1. facts about the financial claim and jurisdiction. (Para 1 , 2) |
| 2. arguments posited by the parties on jurisdictional issues. (Para 3 , 4) |
| 3. court's observations on statutory provisions. (Para 5 , 6 , 10) |
| 4. ratio decidendi concerning maintainability of claims. (Para 7 , 8 , 9) |
| 5. final judgment to allow appeal and direct trial court action. (Para 11 , 12) |
1. The Madhya Pradesh Financial Corporation (now Chhattisgarh State Industrial Development Corporation Limited) has filed the instant appeal under O.43, R.1(a) of the Code of Civil Procedure, 1908 (hereinafter called as 'CPC') challenging the order dated 24-4-2003 passed by 6th Additional District Judge, Raipur in Miscellaneous Case No. 25/99, whereby an application filed by the non - applicants / respondents herein under O.7, R.11, CPC has been granted and the original application filed by the applicant / appellant herein has been returned for presentation of the same before the Court of the competent jurisdiction.
2. Brief facts, necessary for disposal of this appeal, are thus:
1 The appellant / Madhya Pradesh Financial Corporation filed an application under S.31 of the State Financial Corporations Act, 1951 (hencef
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