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august 2003

Supreme Court of India · 2003-08-26

RAJASTHAN FIN. CORPN. vs MAN INDS. CORPN. LTD

Citation / case number
SC 1996/77514
Court
Supreme Court of India
Petitioner
RAJASTHAN FIN. CORPN.
Respondent
MAN INDS. CORPN. LTD
Author
S. N. Variava
Bench
S. N. VARIAVA & H. K. SEMA.

Judgment text excerpt

The Supreme Court upheld the application of Sections 31(1)(a), 31(1)(c), and 32 of the State Financial Corporation Act in a case where the Respondents failed to repay a loan secured by mortgage. The Court emphasized that the compromise deed, which stipulated payment terms and consequences for non-payment, formed part of the decree. The Court ruled that the Appellants were entitled to execute the decree against the mortgaged properties due to the Respondents' failure to comply with the repayment terms, thereby affirming the enforceability of the compromise agreement.

RAJASTHAN FIN. CORPN. vs MAN INDS. CORPN. LTD · Niyam