M/S Ballav Saw Mills v. Bihar State Financial Corpn.Ando

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14167 of 2010 ====================================================== M/s Ballav Saw Mills, S/O Late Braj Ballav Prasad, One of Legal Representatives Being Authorized By All The Legal Heirs Of Late Brij Ballav Singh, R/O Vill.- Budhu Chak, P.O. and P.S.- Fatuha, Distt.- Patna ... ... Petitioner/s

Versus

1.

Bihar State Financial Corporation through Managing Director, Frazer Road, Patna 2.

Branch Manager, Bihar State Financial Corporation Patliputra East Branch, Nasherman Building, Dak Bunglow Road, Patna 3.

Bihar Industrial Area Development Authority Through Managing Director First Floor, Udyog Bhawan, East Gandhi Maidan, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arbind Kumar Jha, Advocate Mr. Jitendra Narayan, Advocate For the Respondent/s :

Mr. Amit Narayan, Advocate Mr. Lalit Kishore, AG Mr. Raj Nandan Prasad, Advocate Mr. Rakesh Kumar, Advocate Mr. Pankaj Kumar Sinha, Advocate Mr. Devesh Shankaran, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 31-08-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

2/5 On 25.08.2022, we had passed the following order:- " Order dated 17.08.2022 passed in the instant petition is modified permitting the petitioner to file the undertaking in its proper form within next three working days.

If the undertaking is not filed within the stipulated period, the petition shall be deemed to be dismissed for default and not listed before the Court.

If the undertaking is filed, matter be listed on 31st of August, 2022."

Petitioner has filed fresh undertaking being part of supplementary affidavit dated 25.08.2022 in the following terms:

3/5

4/5 The ambiguity in paragraph number 9 of the affidavit stands clarified by the petitioner who is ready and willing to pay the entire dues paid by BIADA to BSFC. In view of the aforesaid, petitioner's undertaking is accepted and taken on record.

BIADA has no objection to the order being passed, as is so being passed in similarly situated cases to augment the industrial growth within the State of Bihar. Petitioner's undertaking that he would revive the unit within six months and make it fully operational and functional, is accepted and taken on record.

Consequence of breach thereof stands explained through the learned counsel.

This Court would not hesitate to not only initiate proceedings of contempt for violating such an undertaking, but also direct the BIADA to take over the possession of the property for allotment to a third party in accordance with law.

5/5 Present petition stands disposed of in the aforesaid terms.

(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 01.09.2022 Transmission Date