K.P. Khemka vs Haryana State Industrial and Infrastructure Development Corporation Limited 2024 INSC 396 – SFC Act – Reference To Larger Bench

State Financial Corporations Act, 1951 ; Section 32G-The Section confers a right of recovery on the financial corporation, without prejudice to any other mode of recovery which includes the right to file a suit. The conferment of such a right to recover an ‘amount due’ as arrears of land revenue, notwithstanding any other remedy, is for a public purpose and in public interest- While the process of filing a civil suit may be barred because of the statute of limitation, the power to recover vested through Section 32-G of the State Financial Corporations Act read with Section 2(c) and Section 3 of the Recovery of Dues Act is a distinct power which continues notwithstanding that another mode of recovery through a civil suit is barred- There is an additional right to enforce the claims of the financial corporations notwithstanding the bar of limitation. (Para 18) – Referred to three judges Bench in view of decision in State of Kerala and Others vs. V.R. Kalliyanikutty & Anr. (1999) 3 SCC 657.

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