Supreme Court of India · 2008-03-13
KARNATAKA STATE FINANCIAL CORPORATION vs N. NARASIMAHAIAH .
- Citation / case number
- SC 2003/16682
- Court
- Supreme Court of India
- Petitioner
- KARNATAKA STATE FINANCIAL CORPORATION
- Respondent
- N. NARASIMAHAIAH .
- Author
- LOKESHWAR SINGH PANTA S.B. SINHA
- Bench
- LOKESHWAR SINGH PANTA S.B. SINHA
Judgment text excerpt
The Supreme Court interpreted Section 29 and Section 31 of the State Financial Corporations Act, 1951, holding that the provisions allow the Corporation to take possession of mortgaged properties of guarantors even if the industrial concern defaults. The Court found that the Karnataka High Court erred in quashing the Corporation's orders under Section 29, as the second part of the section provides independent rights for taking possession. Consequently, the Supreme Court set aside the High Court's judgment and allowed the Corporation to proceed against the properties of the guarantors.