State, By Inspector, Tamil Nadu VS. Sait @ Krishnakumar

Supreme Court of India

Case Law No.7253, Reporting JudgeArijit Pasayat

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State, By Inspector, Tamil Nadu VS. Sait @ Krishnakumar

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 7253 OF 2008

[Arising out of SLP (Civil) No. 9411 of 2006]

Bihar State Financial Corporation ...Appellant Versus M/s. Chhotanagpur Minerals and Ors. ...

Respondents JUDGMENT

S.B. SINHA, J : 1. Leave granted.

2. Appellant is a Corporation constituted under the State Financial Corporations Act, 1951 (for short "the Act"). Respondent No. 1 intended to set up a factory in the Industrial Area, Kokar in the town of Ranchi. It, on or about 5.11.1976, for the aforementioned purpose, sought for and was granted loan by the appellant for a sum of Rs. 3.36 lakhs.

2 3. An agreement was entered into by and between the parties, in terms whereof, the respondent no. 1 mortgaged the properties described in Schedules `A', `B' and `C' thereof in favour of the appellant - Corporation, viz., the lease hold right over a piece of land admeasuring 0.56 acres at Village Kokar.

4. In terms of the said deed of mortgage, the plaintiff was required to liquidate the aforementioned amount ...

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