S.P. Goyal, J. - (1.) ON an application under Section 31 of the State Financial Corporations Act, 1951, the learned Additional District Judge, vide judgment dated December 15, 1977, passed a decree for the recovery of a sum of Rs. 27,273.48 inclusive of interest and other expenses calculated upto July 14, 1977, together with future interest at the rate of 7 per cent per annum on the said sum till its realisation. Not fully satisfied with the judgment, the Corporation has come up in this appeal.
(2.) THE only grievance made against the impugned judgment is that the Corporation has not been allowed incidental charges in accordance with the agreement of loan between the parties, which it has to incur till the realisation of the amount due under the said agreement. As held by the Supreme Court in the Gujarat State Financial Corporation v, M/s Natson Manufacturing Co. Pvt. Ltd : A. I. R. 1978 S. C. 1765, the claim of the Corporation in the application is not a money claim and the scope of enquiry by the Court is confined to the matters contained in Section 31(1). Though incidentally the Court may have to specify the amount for the realization of which the property is to be sold, but it is never called upon to record any finding in this regard. The Court is to calculate the amount in accordance with the agreement of loan upto the date of the application, and order that the property be sold for the realisation of the same together with the future interest and all other sums which may be due in accordance with the agreement. This appeal is, consequently, allowed and the order of the learned Additional District Judge modified to the extent that the property would be put to sale for the realisation of the amount determined by the learned Additional District Judge together with future interest and incidental charges, which the Corporation may incur till its realisation. As there is no opposition to the appeal, the parties are left to bear their own costs.;