Vinod Kumar Poddar @Binod Kr.P v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14945 of 2009 ====================================================== Vinod Kumar Poddar @ Binod Kumar Poddar (Partner-CumPromoter/Guarantor of M/S Metal and Chemicals, Patna) S/O Late Dwarika Prasad Poddar R/O Rajendra Bhawan, Lalji Tola, P.S.- Gandhi Maidan, Distt.- Patna, Bihar .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Industries Department, Government of Bihar, Patna

2. The Managing Director-cum-Specified Authority Bihar State Financial Corporation, Frazer Road, Patna

3. The Collector, Patna

4. The Branch Manager, Bihar State Financial Corporation, Patliputra Branch, Pant Bhawan, Patna

5. Smt. Prem Lata Maskara W/O Mr. Hari Shankar Maskara R/O 'Lata Kunj', Boring Road (Opposite Sahdeo Mahto Marg), P.S.- Srikrishna Puri, Patna, Bihar, presently residing At 7245, Pkt 10, Sec B, P.S.- Vasant Kunj, Vasant Kunj, Delhi-70 and 7396, PKT 10, Sec B, P.S. - Vasant Kunj, Vasant Kunj, Delhi - 70 (Partner-Cum-Promoter/Guarantor Of M/S Metal And Chemicals, Patna) .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gautam Kejriwal, Advocate For the Respondent Nos. 1 & 3 : Mr.Amit Kumar Anand, AC to GP 15 For the Respondent Nos. 2 & 4 : Mr.V.K.Tripathy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER -------------- 10-03-2015 Heard the parties.

2. Learned counsel appearing on behalf of the petitioner submits that for getting the entire dispute settled under One Time Settlement Scheme, 2014, the petitioner has deposited the settlement amount on 04.02.2015 and final settlement order is required to be passed by the competent authority of Bihar State Financial Corporation, Patna.

3. Learned counsel appearing on behalf of the respondent nos. 2 and 4 has not disputed the aforesaid submission, but submits that final settlement order is yet to be passed.

Patna High Court CWJC No.14945 of 2009 (6) dt.10-03-2015 2/2

4. In view of the aforesaid submissions, the present writ petition is disposed of with a direction to the respondent no.2 to look into the claims of the petitioner either by himself or get it examined by any other competent Officer of the Bihar State Financial Corporation, Patna and pass appropriate final order under One Time Settlement Scheme, 2014 in view of the fact that the petitioner claims to have already deposited the entire settlement amount. The entire exercise must be completed by the respondent no.2 or any other competent Officer of the Corporation within a period of one month from the date of appearance of the petitioner with a certified copy of the present order.

5. It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner and this is left to be decided afresh either by the respondent no.2 himself or by any other competent authority of the Corporation.

6. The writ petition stands finally disposed of with the observations and directions made above. The interim order dated 09.11.2009 passed by a Bench of this Court stands vacated. (Birendra Prasad Verma, J) Tahir/- U