IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.946 of 2009 1. THE BIHAR STATE CREDIT AND INVestment Corporation, Indira Bhawan, 4th Floor, Ram Charitra Singh Path, Patna-800001 through its Managing Director. 2. The Assistant Manager OTS, Bihar State Credit & Investment Corporation Ltd. Indira Bhawan(4th Floor), Ram Charitra Singh Path, Patna-800001.----------- -------------Appellants. Versus 1. M/S JAMSHEDPUR CEMENT LIMITED, a Company registered under the Indian Company Act 1956 having its registered office at 67, Bentinck Street Kolkata-700069 through its Manager(Legal and Administration) Sanjeev Ranjan Srivastava, son of Sri M.K. Srivastava, resident of J.H.A. Stores Limited Main Road, Bistupur, Jamshedpur-831001. 2. M/s Ideal Vanijya Private Limited a company registered under the Indian Company Act 1956 having its registered office at Chittranjan, Avenue, Kolkata, through its Director Pradeep Shnati Lal Trivedi, son of late Shnati Lale Shanti Lal Trivedi, resident of flat no.1101 Peridot 11, Visayas Golden Town, Rives Meet Road, Sonari, Jamshedpur-831001-------------------------------Respondents. ----------- 4. 16.12.2010 Heard the parties. It is submitted by the learned counsel for the appellants that Company Application no.655 of 2006 has been filed in the Calcutta High Court and almost all the creditors have also filed company application before the Calcutta High Court. It is also submitted that the present appellants- Corporation has also filed company application before the Calcutta High Court which is pending. Under the above circumstance, we are not inclined to deal with this matter. But it is made clear that if the appellants- Corporation is aggrieved by any of the orders, they can revive their application. Learned counsel for the respondents has submitted that respondent-company is always ready to settle the matter with the appellants-Corporation by way of OTS scheme 2006 2 and they have paid Rs.8 lacs pursuant to that scheme. But, however, settlement could be arrived at between the parties. It is also submitted that OTS scheme of 2006 has already expired and no scheme at present is available. He has also submitted that new scheme which is going on will expire on 31.12.2010. In view of the submission made above, liberty is granted to the appellants-Corporation to make a representation to the respondents to allow them to join in the said new scheme as they have already paid Rs.8 lacs. Accordingly, this Letters Patent Appeal is disposed of. Sudip ( T. Meena Kumari, J.) ( Kishore K. Mandal, J. )