9911796707
TMI Blog1994 (8) TMI 296X X X X Extracts X X X X X X X X Extracts X X X X ..... 11,588 was once paid and cheques given thereafter bounced. In December 1990 the appellant reminded the respondent to clear arrears, but to no effect. Reminders of April and May 1991 also bore no fruit. In January 1992 the arrears on account of principal, interest and expenses became about ₹ 2.5 lakhs. The appellant, a State Financial Corporation, decided to invoke power conferred by Section 29 of the State Financial Corporation Act and did so on 7-1-1992 by issuing a notice contemplated by this section stating, inter alia, that the Corporation has become entitled because of the failure and neglect of the respondent to clear the dues, to recover the entire outstanding loan amount of about ₹ 5 lakhs and called upon the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Let it be seen whether it was so. It is well settled that natural justice cannot be placed in a strait-jacket; its rules are not embodied and they do vary from case to case and from one fact-situation to another. All that has to be seen is that no adverse civil consequences are allowed to ensue before one is put on notice that the consequence would follow if he would not take care of the lapse, because of which the action as made known is contemplated. No particular form of notice is the demand of law. All will depend on facts and circumstances of the case. 4. Let it be seen whether the respondent was sounded in advance that if it would not clear the arrears within a fixed period, the hammer of Section 29 would fall. This was abundantly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is alleged was not at all attended to, not to speak of the same receiving due consideration. We should have thought that the appellant being a public body should have acted fairly and should have communicated its response to the representation. May be, because of the respondent being almost a chronic defaulter and its earlier cheques having even bounced, the assurances contained in its representation did not carry weight. Even so, before taking recourse to the drastic action of taking over possession, another assessment would have added credibility to its decision; it would have been better to do so. 7. As the representation of the respondent was not shown to have been considered by the appellant, we thought that we should ourselves al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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