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Patna High CourtC. REV./375/2016dismissed

The Katihar Jute Mills Limited And ORS v. The Bihar State Financial Corporation And ORS

2017-08-07The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.375 of 2016 IN Letters Patent Appeal No. 756 of 2014 ===========================================================

1. The Katihar Jute Mills Limited, a company incorporated under the provisions of Indian Companies Act, 1913 within the meaning of Companies Act, 1956, through its Director, Mr. Vinod Kumar Chamaria, having its Registered office at No. 178, Mahatma Gandhi Road, 2nd Floor, Room No. 114, Kolkata700007.

2. Mr. Vinod Kumar Chamaria, S/o Late Ratan Lal Chamaria, Director, Katihar Jute Mills Limited, resident of 43, Hare Prasad Shastri Sarani, Block-E, New Alipore, Kolkata- 700053.

.... .... Petitioner/s

Versus

1. The Bihar State Financial Corporation, a body corporate constituted under the State Financial Corporation Act, 1951, through its Managing Director, having its office at Frazer Road, P.S. Kotwali, Tower and District Patna., Pin - 800001.

2. The Managing Director, Bihar State Financial Corporation, Frazer Road, Patna, Pin- 800001.

3. IFCI Ltd., a company incorporated and registered under the provisions of the Companies Act, 1956, having its Registered Office at IFCL Towers, 61, Nehru Place, New Delhi- 110019, and one of its office at Maurya Lok Commercial Complex, Block 'C' (3rd Floor), Dak Bunglow Road, Patna- 800001, through its Assistant Manager.

4. The Branch Manager, Bihar State Financial Corporation, Zila School Road, Purnea Branch, District Purnea (Bihar).

5. Vijay Kumar Chamaria, S/o Late Ratan Lal Chamaria, Director, Katihar Jute Mills Limited, resident of 61/23, More Avenue, Kolkata- 700048. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Abhinav Srivastava, Advocate For the Respondent/s : Mr.

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Patna High Court C. REV. No.375 of 2016 dt.07-08-2017 2/3 CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 07-08-2017 Re.: Interlocutory Application No.1235 of 2017 The delay in filing of this Civil Review Application is condoned.

Interlocutory Application stands allowed and disposed of. Re.: Civil Review No.375 of 2016 Seeking review of an order dated 15.09.2015 passed by the Division Bench of this Court in Letters Patent Appeal No.756 of 2014 by contending that while disposing of the matter with regard to the issue in question pertaining to the auction purchase made and action taken based on various proceedings held patent illegalities have been committed in the matter and petitioner wants review of the order. On going through the detailed order passed on 15.09.2015, we find that it has been passed in various Letters Patent Appeals, review applications filed arising out of an order passed by a Writ Court and in detail various aspects of the matter have been discussed. Considering the rival submissions, we find no error apparent on the face of record warranting review of the order. In fact, we find in the light of the judgment of the Hon'ble Supreme Court in

Patna High Court C. REV. No.375 of 2016 dt.07-08-2017 3/3 the case of Sasi (Dead) through Legal Representatives. versus Aravindakshan Nair and ors. [(2017) 4 SCC 692], the grounds canvassed are not tenable. The Review Application is dismissed. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date