High CourtsDivision Bench(2011) 07 KAR CK 0228

Dr. Rajagopal @ Raj G. Pal vs Karnataka State Finance Corporation, No. 2716 I Floor, Sowrabha Chambers Sri Harsha Road, Mysore, State Bank of Travancore Associate of State Bank of India and Karnataka State Industrial Investment and Development Corporation Ltd.

Karnataka High Court · Decided on 22 July 2011

HON’BLE JUDGES
Mohan Shantanagoudar, J · K. Govindarajulu, J
RESULT
Dismissed
CASE NUMBER
M.F.A No. 3371 of 2010 (IA)

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Judgment

4 paragraphs · 195 words

Mohan Shantanagoudar, J.—This appeal is not maintainable against respondents 1 and 3, inasmuch as they are the Corporations. Section 8 of the Provincial Insolvency Act, 1920 reads thus:

8.

Exemption of corporation, etc., from insolvency proceedings-No insolvency petition shall be presented against any corporation or against any association or company registered under any enactment for the time being in force

2.

From the above, it is clear that no insolvency petition can be presented against any Corporation or against any Association or Company registered under any enactment for the time being in force. Since respondents 1 and 3 are Corporations registered under particular enactment, the petition/appeal would not lie against them. Hence, no relief can be granted against respondents 1 and 3 and therefore the appeal is liable to be dismissed against respondents 1 and 3. So also, the appeal is not maintainable against respondent No.2, as respondent No.2 is a company registered under the Companies Act. Though the second respondent is a subsidiary bank of State Bank of India, it is a company registered under the Companies Act. Hence, appeal is also liable to be dismissed against respondent No. 2.

Accordingly, appeal stands dismissed.