IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12820 of 2005 M/S SANJEEV RE-ROLLING MILL PV Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : M/s P.N. Shahi and Dhananjay Kumar For the BSFC : M/s M.K.Thakur and Girijesh Kumar -- 5 9.9.2008 Petitioner had purchased the unit in an auction by Bihar State Financial Corporation in the year 2000. Bihar State Financial Corporation purported to have sold it free from encumbrance. Soon after purchase when the petitioner applied for electric connection, the same was denied by the Electricity Board on the ground of dues , which were dues of the earlier unit. Petitioner had to contest the matter and only in 2002 i.e. after two years having succeeded in the High court, the electricity connection was granted. Then proceedings were taken up against the petitioner for sales tax due of the original unit . Thereafter several other litigations were created by the State in respect of due of the original unit which the petitioner had never purchased nor transferred by Corporation to it. Even certificate of registration as an industry was with-held by the State pending clearance of those dues. All these matters took six years to settle before which the unit remained closed. To these circumstances, the writ petition was filed for a direction to the respondent- Corporation not to close the industry because the petitioner could not function because of a defective estate made by the Corporation. During the pendency of the writ petition recently the Corporation advertised the unit for sale of the aforesaid property but at the same time the - 2 - Corporation has come up with an incentive loan- cum-reconstruction Scheme, 2005 for recovery of dues and reduce its NPA. Petitioner now seeks indulgence to make an application in terms of the said scheme reserving the right to challenge the action of the Corporation in all respects in case a satisfactory settlement is not arrived at. In that view of the matter, as the scheme extends to December, 2008, respondent- Corporation cannot take any precipitative action to disturb the unit till then. This, in my view ,disposes of the writ petition. (Navaniti Prasad Singh)