Messers Bihar Petrochemicals And ANR v. The Bihar State Fiancial Corporation And ORS

Patna High Court CWJC No.11294 of 2012 (9) dt.30-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11294 of 2012 ======================================================

1. Messers Bihar Petrochemicals, Industrial Area, P.O. Tilrath, DistrictBegusarai, Through Its Sole Proprietor Sri Bhupendra Narain Agrawal Son Of Late Jagdish Narayan Agrawal, Resident Of Begusarai, P.S. And District- Begusarai

2. Sri Bhupendra Narain Agrawal, Sole Proprietor Of Bihar Petrochemicals, Industrial Area, P.O.- Tilrath, District- Begusarai, Resident Of Begusarai Town, P.S. And District- Begusarai .... .... Petitioner/s

Versus

1. The Bihar State Fiancial Corporation Through Managing Director

2. The Managing Director, Bihar State Financial Corporation, Fraser Road, Patna

3. The Branch Manager, Bihar State Financial Corporation, K.L. Market, Near Collegiate College, Begusarai .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rejeshwar Prasad, Advocate For the Respondent/s : Mr. Partha Sarthy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 30-11-2015 Heard learned counsel for the petitioners as well as learned counsel for the respondents.

Petitioner is aggrieved by an order dated 22.10.2011 passed by learned lower court in connection with Title Suit No. 33/1994 whereby and whereunder the learned lower court had refused to release Rs. 85,000/- in favour of petitioner which, the petitioner had deposited in pursuance of Court's order while asking for an injunction against the respondents/defendants who was insisting upon to clear the loan amount which it had financed to the petitioner. The suit is still continuing and so, for the present, I do not see any illegality in the order impugned as Rs. 85,000/-

Patna High Court CWJC No.11294 of 2012 (9) dt.30-11-2015 was directed to be deposited in order to maintain status quo which till today continues.

As such, the instant writ petition stands rejected. However, in case, the suit is disposed of, then in that event, petitioner will be at liberty to make prayer for release of the aforesaid amount.

(Aditya Kumar Trivedi, J) perwez U T