IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12879 of 2008 M/S HOTEL BLUE STAR Versus THE BIHAR STATE FINANCIAL CORPORATION & ORS ----------- 3 7.5.2010 Heard learned counsel for the parties. The request of the petitioner to settle the dues under OTS Scheme 2006 was acted up on. A detailed order with the terms and conditions of the settlement dated 30.3.2007 was laid down in black and white and has been brought on record as annexure-2. In terms of paragraph-2 (a, b, c, d and e) the detailed break up of the payments of outstanding dues along with the time frame for repayment has been given and clearly stated. Obviously after the deposit of the initial application money and about 25% of the settlement amount as first instalment the petitioner has gone into default again. The OTS had a time frame. If it was not adhered to then the agreement stands frustrated or repudiated. Petitioner has approached the High Court now for declaration that the action of the respondents to auction sale the property and alienate the same is arbitrary decision which requires interference. The Court fails to understand as to under what parameter the Court should interfere because the Court is not here to award or reward citizens for their failure to adhere to agreement. Failure to make repayment in terms of the OTS Scheme was on the petitioner but the blame is sought to be shifted on respondent for one excuse or the other. The conduct of the petitioner does not entail confidence in this Court to declare the action of the respondents to be arbitrary. Obviously - 2 - it is a case of defaulter who has defaulted not once and twice but five times over. No interference in such matter is warranted. This writ application is misplaced and it is dismissed. RPS (Ajay Kumar Tripathi,J.)