M/S Magadh Mechanical Private v. The Managing Director,Bihar St

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7382 of 2012 =========================================================== M/s Magadh Mechanical Private Limited, a company incorporated under the Provisions of Companies Act, 1956 having its Head Office and Industrial Unit Situated at Kharuara, P.O. Chero, Distt. Nalanda through it's Managing Director, Birendra Prasad Singh, S/O Sri Bindeshwar Prasad Singh R/O Village-Sartha, P.S. Chand, District-Nalanda .... .... Petitioner/s

Versus

1. The Managing Director, Bihar State Credit and Investment Corporation Ltd., Indira Bhawan, 4th Floor, Ram Charitra Singh Path, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Arbind Kumar Jha, Adv. For the Respondent/s : Mr. Mayank Shekhar, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 10-08-2016 The present writ petition has been filed for a direction to the respondent-Bihar State Credit and Investment Corporation Limited (for short, "BICICO") to furnish the accounting of Central Capital Subsidy retained by it; for a direction to the respondent-BICICO to compensate the petitioner for unjust retention of benefit of the Central Capital Subsidy; and for connected reliefs.

2. At the very outset, learned counsel for the petitioner, Mr. Arbind Kumar Jha, submits that a calculation has been made on the basis of the petitioner's claim which has been submitted to learned counsel for the respondent BICICO for verification. A plain copy of such calculation is submitted by learned counsel for the petitioner and is placed on record.

Patna High Court CWJC No.7382 of 2012 dt.10-08-2016 2/2

3. Having regard to the nature of the grievance raised in the writ petition and with the consent of parties, the writ petition stands disposed with a direction to the respondent BICICO to consider the aforesaid calculation of the petitioner and dispose of the matter after giving an opportunity of hearing to the petitioner. The respondent BICICO shall, after necessary verification, grant the petitioner the detailed final calculation relating to the Central Capital Subsidy, having regard to the principles contained in the order dated 24.08.2006 passed by this Court in C.W.J.C. No. 8353 of 2004.

4. The writ petition stands disposed in the aforesaid terms. (Vikash Jain, J) Md. Ibrarul/-Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 11.08.2016 Transmission Date N.A.