PUNJAB STATE INDUSTRIAL DEVELOPMENT CORPORATION Vs. SAROJ SHARMA AND ANOTHER
LAWS(P&H)-2011-8-222
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 18,2011

Punjab State Industrial Development Corporation Appellant
VERSUS
Saroj Sharma And Another Respondents

JUDGEMENT

HEMANT GUPTA,J. - (1.) PRESENT appeal is directed against an order passed by learned Single Judge on 30.9.2010, whereby the writ petition was allowed challenging the action of the appellant proposing to sell the property in exercise of the powers under Section 29 of the State Financial Corporation Act, 1951 (for short the 'Act'). The respondent herein has stood surety to the loan advanced to the Company. The property of the surety is sought to be recovered in exercise of the powers conferred under Section 29 of the Act. Learned Single Judge allowed the writ petition relying upon the judgment of Hon'ble the Supreme Court in Karnataka State Financial Corporation vs. N. Narasimahaiah and ors : (2008) 5 SCC 176. It has been held therein, that under Section 29 of the Act, the Corporation has a right to take over the management or possession or both of the industrial concern. But it does not confer any right in respect of properties of the surety.
(2.) IN view of the aforesaid judgment, we do not find that there is any illegality or irregularity in the order passed by learned Single Judge on 30.9.2010.
(3.) DISMISSED .;


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