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december 2008

Supreme Court of India · 2008-12-11

Karnataka ... vs S.K.K. Kulkarni & Ors

Court
Supreme Court of India
Petitioner
Karnataka ...
Respondent
S.K.K. Kulkarni & Ors
Bench
Aftab Alam, S.H. Kapadia

Judgment text excerpt

The Supreme Court ruled that the Bangalore court lacked territorial jurisdiction to adjudicate the matter under Section 31(1) of the State Financial Corporations Act, 1951, which mandates that applications for enforcement of claims by Financial Corporations must be made to the district judge within whose jurisdiction the industrial concern operates. The Court emphasized that jurisdiction is determined by the location of the industrial concern's business activities, not merely where the loan agreement was executed. Consequently, the appeal was dismissed, affirming the lower court's decision regarding jurisdiction.

Karnataka ... vs S.K.K. Kulkarni & Ors · Niyam