BABA SIVA ICE FACTORY Vs. STATE FINANCIAL CORPORATION

JUDGEMENT

(1.) This appeal is devoid of any merit and shall stand dismissed. This appeal has been filed against the Judgment and decree dated 12/12/ 95 passed by the learned Assistant District Judge, Dhubri in Title Appeal No. 64/93. By the impugned Judgment, the learned Judge dismissed the appeal and affirmed the Judgment and decree dated 26.7.93 passed by the learned Munsiff No. 1, Dhubri in Title Suit No. 361/ 1989.

(2.) The brief facts are as follows : The plaintiff is a small scale Industry and with a view to produce ice an amount of Rs. 94,000/- (Rupees ninetyfour thousand) was obtained by the plaintiff as loan from defendants No. 1 and 2. Ultimately the plaintiff suffered huge loss and as such the plaintiff could not repay the amount of loan to the defendants except an amount of Rs. 6803/- (Rupees six thousand eight hundred three). In that view of the matter the Assam Financial Corporation on 20.6.87 in exercise of the power under Section 29 of the State Financial Corporation Act locked the Factory. At that stage a suit was filed being Title Suit No. 37/88 for injunction. But as in the mean time the possession was taken by the Corporation that suit was withdrawn with liberty to file it afresh. On 20.1.89 the defendant No. 2 in violation of the earlier order of injunction seized the machineries from the factory and threatened the plaintiff to demolish the house of the factory. The present suit was filed for a declaration that the action of the Corporation is illegal and they are entitled to get back the possession of the factory. The other prayer was that the house on the land should not be demolished or the land should not be sold.

(3.) The suit was contested by the defendants. Their contention was that the Corporation has the right to seize, attach and sell the properties mortaged and hypothecated by the plaintiff. The learned Munsiff on consideration of the materials on record dismissed the suit. As indicated above there was an appeal and the appeal was also dismissed.