HARI NARAYAN SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Whether the action of the Creditor for recovering the dues against the guarantor under Section 32G of the State Financial Corporation, 1951 ( hereinafter referred to as the SFC Act) is within the period of limitation or not? is the issue which arises for consideration in the present appeal.

(2.) Creditors' action in initiating such proceedings stands affirmed by the learned Single Judge. His opinion rendered in terms of the impugned judgment dated 2nd December, 2009 in CWJC No.10565 of 2008 titled as Hari Narayan Sinha Versus The State of Bihar and Ors. is a subject matter of consideration in the present appeal, preferred under Clause 10 of the Letter Patent Constituting the High Court of Judicature at Patna.

(3.) We need not go into the extent or scope of power in the exercise of jurisdiction under the Letter Patent Constituting the High Court of Judicature at Patna, for it not to be an issue in question.