Section 31:
Special provisions for enforcement of claims by Financial Corporation.
(1) Where an
industrial concern, in breach of any agreement, makes any default in repayment of any loan or advance or
any instalment thereof 1[or in meeting its obligations in relation to any guarantee given by the
Corporation] or otherwise fails to comply with the terms of its agreement with the Financial Corporation
or where the Financial Corporation requires an industrial concern to make immediate repayment of any
loan or advance under section 30 and the industrial concern fails to make such repayment, 2[then, without
prejudice to the provisions of section 29 of this Act and of section 69 of the Transfer of Property Act,
1882 (4 of 1882)] any officer of the Financial Corporation, generally or specially authorised by the Board
in this behalf, may apply to the district judge within the limits of whose jurisdiction the industrial concern
carries on the whole or a substantial part of its business for one or more of the following reliefs,
namely:--
(a) for an order for the sale of the property pledged, mortgaged, hypothecated or assigned to the
3[Financial Corporation] as security for the loan or advance; or
4[(aa) for enforcing the liability of any surety; or]
(b) for transferring the management of the industrial concern to the Financial Corporation; or
(c) for an ad interim injunction restraining the industrial concern from transferring or removing its
machinery or plant or equipment from the premises of the industrial concern without the permission
of the Board, where such removal is apprehended.
(2) An application under sub-section (1) shall state the nature and extent of the liability of the
industrial concern to the Financial Corporation, the ground on which it is made and such other particulars
as may be prescribed.
Notes:
1. Ins. by Act 77 of 1972, s. 20 (w.e.f. 30-12-1972).
2. Ins. by Act 56 of 1956, s. 15 (w.e.f. 1-10-1956).
3. Subs. by s. 15, ibid., for "Corporation" (w.e.f. 1-10-1956).
4. Ins. by Act 43 of 1985, s. 19 (w.e.f. 21-8-1985).