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august 2011

Supreme Court of India · 2011-08-30

M/S Shiv Cotex vs Tirgun Auto Plast P.Ltd.& Ors

Citation / case number
AIR 2011 SC (CIVIL) 2557
Court
Supreme Court of India
Petitioner
M/S Shiv Cotex
Respondent
Tirgun Auto Plast P.Ltd.& Ors
Author
R.M. Lodha
Bench
R.M. Lodha, Aftab Alam

Judgment text excerpt

The Supreme Court held that the action taken by the Punjab Financial Corporation under Section 29 of the State Financial Corporations Act, 1951 was valid, as the plaintiff failed to repay the loan despite multiple notices. The Court emphasized that the trial court's decision to proceed under Order XVII Rule 3(a) of the CPC was justified due to the plaintiff's repeated failure to present evidence. The High Court's order remanding the case for fresh disposal was set aside, affirming the Corporation's actions as lawful and upholding the trial court's decision.

M/S Shiv Cotex vs Tirgun Auto Plast P.Ltd.& Ors · Niyam