Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Himachal Pradesh Public Moneys (Recovery of Dues) Act 1973: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | s.J(l)(d)(iv) and s.85 - Withdrawal of suit if amounts to abandonment of claim - Respondent availed loans but failed to repay - Recovery suit by appella11t subsequently withdrawn to initiate fresh recovery proceedings under the Act - Writ petition by responde111 challenging such proceedings - High Cour/ field that the suit having been withdraw11 without any liberty for initiating appropriate legal proceedings, the claim was abandoned by the appellant and hence proceedings under the Act were barred - On appeal, held: Whether there has been an abandonmenl of the ;:/aim by withdrawal of the suit is a mixed question of law a11d fact - Language of the order for withdrawal will not always be determinative - The application for withdrawal of suit stated that it was being done to pursue remedies under the Act as the proceedings under the Act are more expeditious for recovery as compared to a suit - Therefore, there was no abandonment of claim by the appellant - Further, s. J(l)(d)(iv) provided !hat the remedy available t•nder the Act was without prejudice to any other remedy available under any other law- Withdrawal of the suit was lhus, no bar to proceedings under the Act - Himacha/ Pradesh Public Moneys (Recovery af Dues) Act, 2000 - State Finance Corporation Act, 1951 - s.29. Recovery proceedings under the Act - Distinction from proceedings in a suit - Held: Proceedings in a suit and recov.ery under the Ac/ are under different laws governed by different procedures and thus cannot be equated - A suit is instituted in a Court of law and is governed by CPC, while proceedings under the Act are before the executive authority statutorily empowered - Code of Civil Procedure, 1908. Doctrines/Principles - Public policy - Principle of - HighCourt restrained recovery of a public loan applying principle of public policy - Held: The phrase ~Jublic policy' is not capable of precise definition - Broadly it means what is in the larger interest of the society involving questions of righteousness, good conscience and equity upholding the law and not a retrograde interpretation - It cannot be invoked to facilitate a loanee to avoid legal obligation for repayment of a loan. A B Words & Phrases - "Public policy" - Meaning of - Discussed. Code o.f Civil Procedure, 1908 - Or. 23, r. 1 - Bar under - When applicable - Held: Bar u/Or. 23, r. 1 would apply only to a fresh suit and not proceedings under the Act. |
Judge | Hon'ble Mr. Justice Navin Sinha |
Neutral Citation | 2017 INSC 277 |
Petitioner | Himachal Pradesh Financial Corporation |
Respondent | Anil Garg And Others |
SCR | [2017] 2 S.C.R. 984 |
Judgement Date | 2017-03-28 |
Case Number | 661 |
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