IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.233 of 2005 BIHAR RUBBER INDUSTRIES Versus BIHAR STATE FINANCIAL CORPORAT ----------- 12. 03.09.08. Learned counsel for the appellant is present. No body appeared either of the respondents. On the last date learned counsel for the respondent, Canara Bank had appeared. Since no body appeared on behalf of Bihar State Financial Corporation, so with the consent of both sides, it was passed over on the last date. Heard learned counsel for the appellant and learned counsel for the respondent Canara Bank which is said to be proforma defendants. No body appeared on behalf of Bihar State Financial Corporation. This Miscellaneous Appeal is directed against the order dated 18.3.2005 passed in Title Suit No. 290/1999 by the learned Subordinate Judge II, Buxar, whereby and whereunder a petition filed by the appellant-plaintiff under Order XXXIX, Rule 1 of the Code of Civil Procedure seeking relief for restraining the defendants not to proceed with for any drastic action as per provisions of Section 29 and 30 of B.S.S.C 1950 and not to interfere with peaceful possession of the plaintiff’s unit. Learned court below has elaborately discussed merit of the case. The only contention raised on behalf of the appellant is that there was insufficient flow of money by virtue of sanction of loan from the Bihar State Financial Corporation, with the result that plaintiff-appellant could not commence any business which deterred him from running the business and thereby he could not pay any installment to the respondent. Several reasons 2 have been assigned in the memorandum of appeal but all the points are to be examined and governed by the contractual obligation of the parties and for that there should not be any temporary relief. In the facts and circumstances, I am not inclined to interfere with the order of the learned court below and so this appeal shall stand dismissed. m.p. (Subash Chandra Jha,J.)