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Supreme Court of India · 2024-03-21

Orissa State Financial Corp. . vs Sukanti Mohapatra .

Citation / case number
2024 INSC 256
Court
Supreme Court of India
Petitioner
Orissa State Financial Corp. .
Respondent
Sukanti Mohapatra .
Author
Dipankar Datta
Bench
Dipankar Datta

Judgment text excerpt

The Supreme Court held that the Division Bench of the High Court erred in allowing the writ petitions filed by Sukanti Mohapatra and Prasanta Kumar Mohapatra against the Orissa State Financial Corporation. The Court emphasized that under Section 29 of the State Financial Corporations Act, 1951, the Corporation had the right to seize the mortgaged property due to non-payment of the loan. The Court upheld the Corporation's actions and rejected the claims of the respondents, reinforcing the legal principle that financial institutions can enforce security interests in cases of default.

Orissa State Financial Corp. . vs Sukanti Mohapatra . · Niyam