Dinesh Kumar Upadhyaya v. The Chairman Bihar State Financial Corporation And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20478 of 2013 ====================================================== Dinesh Kumar Upadhyaya Son Of Late Chandradeep Upadhyaya Resident Of Village- Kalyanpur, P.O.- Indore, P.S. Itarhi, Distt.- Buxar. Managing Director Of M/S Dee Pee Chemicals Pvt. Ltd. At Chandra Pratapsagar Old Bhojpur Distt.- Buxar ... ... Petitioner

Versus

1. The Chairman, Bihar State Financial Corporation, Patna.

2. The Managing Director, Bihar State Financial Corporation, Frazer Road, Patna- 1

3. The Deputy Manager, I/C (2-V) Bihar State Financial Corporation, Frazer Road, Patna

4. The Branch Manager, Bihar State Financial Corporation Ara, Distt.- Bhojpur

5. The District Magistrate, Buxar

6. The Superintendent Of Police, Buxar

7. The State of Bihar.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Nil Kamal, Advocate For the Respondent/s :

Mr.Krishna Kant Tiwari, AC to SC-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-02-2019 Pursuant to the last order dated 11.02.2019 passed by this court, learned counsel representing the Bihar State Financial Corporation (in short the "BSFC") has informed this court that in fact the sale order dated 18.07.2013, as contained in Annexure-3 to the writ application, has not taken final shape because the purchaser has already taken back his money for certain reasons.

In that view of the matter, learned counsel for the petitioner submits that he would not press this writ application, however he will have liberty to raise all such issues which may be available to him if a fresh step for sale is taken. Learned

Patna High Court CWJC No.20478 of 2013(11) dt.13-02-2019 2/2 counsel also submits that he will seek liberty to participate in one time settlement scheme, if any, in vogue for the present or which may come in future.

In the opinion of this court, if the petitioner would satisfy the terms and conditions of one time settlement scheme which has been brought by the BSFC or may be brought in future for settlement of outstanding dues, the BSFC shall consider the request of the petitioner for settlement. Learned counsel for the State is present.

This writ application is disposed of in terms stated hereinabove.

(Rajeev Ranjan Prasad, J) Rajeev/- U