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august 1999

Supreme Court of India · 1999-08-31

I.C.I.C.I. LTD. vs KARNATAKA BALL BEARINGS CORPN.LTD.

Citation / case number
SC 1998/13279
Court
Supreme Court of India
Petitioner
I.C.I.C.I. LTD.
Respondent
KARNATAKA BALL BEARINGS CORPN.LTD.
Author
G.B.PATTANAIK UMESH C. BANERJEE
Bench
G.B.PATTANAIK UMESH C. BANERJEE

Judgment text excerpt

The Supreme Court addressed the authority of Receivers to sell immovable properties before a decree is passed, emphasizing the need for courts to exercise their powers under Order 40 Rule 1 of the Code of Civil Procedure pragmatically to protect public interest and ensure timely repayment of loans. The Court held that the economic liberalization and increased litigation by banks necessitate a more flexible interpretation of the law to prevent misuse of loan facilities. The judgment reaffirmed the importance of expediting the legal process in financial disputes, aligning with the provisions of Section 29 of the State Financial Corporation Act, 1951.

I.C.I.C.I. LTD. vs KARNATAKA BALL BEARINGS CORPN.LTD. · Niyam