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february 1992

Supreme Court of India · 1992-02-12

MAHESH CHANDRA vs REGIONAL MANAGER, U.P. FINANCIAL CORPORATION AND ORS.

Citation / case number
SC 1990/77051
Court
Supreme Court of India
Petitioner
MAHESH CHANDRA
Respondent
REGIONAL MANAGER, U.P. FINANCIAL CORPORATION AND ORS.
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that the Uttar Pradesh Financial Corporation's actions under Section 29 of the State Financial Corporations Act, 1951, were invalid due to a lack of notice and opportunity for the debtor before taking possession and selling the hypothecated property. The Court emphasized that the Corporation, as an instrumentality of the State, is required to act fairly and reasonably, and that principles of natural justice apply even in the exercise of statutory powers. The appeal was allowed, and the sale was declared vitiated and not binding on the debtor.

MAHESH CHANDRA vs REGIONAL MANAGER, U.P. FINANCIAL CORPORATION AND ORS. · Niyam