M/S Manju Cold Storage Private Limited Through Its Director Anil Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4492 of 2019 ====================================================== M/S Manju Cold Storage Private Limited through its Director Anil Kumar aged about 41 years (Male) Son of Ram Naresh Singh, Resident of MohallaSai Chak, Beur, P.s.-Beur, Distt.-Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Industry, Bihar, Patna 2.

The Additional Secretary Department of Industry, Bihar, Patna 3.

The Director of Industries Bihar, Patna 4.

The Director, Food Processing, Bihar, Patna 5.

The Managing Director Bihar Industrial Area Development Authority, Udyog Bhawan, East Gandhi Maidan, Bihar, Patna 6.

The General Manager Canara Bank, Circle Office, Lav Kush Tower 7.

The Branch Manager Canara Bank, Nalanda Branch, Biharsharif, Distt.- Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For the State : Mr. Suresh Kumar, AC to GP 1 For Respondent no. 6 and 7 (Bank) : Mr. Shivendra Shankar, Advocate For the BIADA : Mrs. Binita Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 17-10-2022 Petitioner has prayed for the following relief(s):- "(i) For direction to the respondents/ state authorities to allow the petitioner to withdraw subsidy amount of 1st installment of Rs. 69,42,000/- (Sixty Nine Lacs Forty Two Thousand released in favour of petitioner which kept on hold in No Lien account of the bank and further direction to release 2nd and 3rd installment of subsidy amount in view of

Patna High Court CWJC No.4492 of 2019(4) dt.17-10-2022 2/2 guidelines issued by the Department of Industry, Govt. of Bihar, Patna vide letter no.387 dated 26.05.2015 whereby process has been laid down for release of subsidy amount under the Scheme for Integrated Development of Food Processing. (ii) For direction to pay the penal interest till the subsidy amount is released in favour of petitioner.

(iii) For direction to the respondent bank not to take any coercive steps in the meanwhile.

(iv) Any other order or orders as your Lordship may deem fit and proper."

On 11.10.2022, we had passed the following order: "Despite repeated calls, none has entered appearance on behalf of the petitioner.

In the interest of justice, matter is adjourned.

List on 17.10.2022, in the category of "Order Matters".

Even today, despite repeated calls and pass over, none appears for the petitioner.

Petition is dismissed for default.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- U