MOLLY JOSE Vs. KERALA FINANCIAL CORPORATION

JUDGEMENT

(1.) The challenge in this writ petition is directed against the constitutional validity of S.31 of the State Financial Corporations Act, 1951. That Section reads.

(2.) We have not been shown how the procedure under S.31 of the Act is less favourable or more onerous to the petitioner. As a matter of fact, all the procedure contemplated under the Code of Civil Procedure would be undergone in proceedings under S 31 of the Act also. If at all, in our view, this is more advantageous and more liberal in favour of the debtor; and there is no substance in the argument that the debtor would be subjected to hostile discrimination by following the procedure under S.31 of the Act. We find a similar decision having been taken by a Full Bench of the Orissa High Court in State Financial Corporation v. Satpathy Bros & Nanda Co. (AIR 1975 Orissa 132).