IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17088 of 2010 ====================================================== 1. M/S Jagannath Industries, A Partnership Firm Having Its Office At Polytechnic Road P.O.+P.S.- Dhanbad, Distt.- Dhanbad Through One Of Its Partner Sri Kishan Kumar Ganeriwal 2. Kishan Kumar Ganeriwal S/O Late Gridhari Lal Ganeriwal R/O Polytechnic Road, P.O.+P.S.- Dhanbad, Distt.- Dhanbad .... .... Petitioner/s Versus 1. Bihar State Financial Corporation Having Its Head Office At Frazer Road, Patna Through Its Managing Director 2. The Managing Director, Bihar State Financial Corporation, Frazer Road, Patna 3. The Branch Manager Bihar State Financial Corporation, City Centre, Behind Jitendra Cinema, Sector-4, P.O.+P.S.- Bokaro, Distt.- Bokaro 4. Sri Chandra Shekhar Rai Azad S/O Not Known To The Petitioner Kadamtalla, Sarvodaya Nagar-4, Sector-4, P.O.+P.S.- Bokaro, Distt.- Bokaro (Jharkhand) .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 8 07-01-2015 Heard learned counsel for the parties as with regard to the following relief prayed in this writ application:- “That the present writ petition is being filed for issuance of a writ of mandamus commanding the respondents Bihar State Financial Corporation and its officials to issue requisite form under the “BSFC One Time Settlement Scheme-2009” to the petitioners and to consider and extend the benefits of the same as per terms and conditions enumerated there under and for further direction/directions granting appropriate relief/reliefs for which the petitioners may entitle in the fact and circumstances of the case.” Learned counsel for the petitioners at the outset Patna High Court CWJC No.17088 of 2010 (8) dt.07-01-2015 2 having produced a copy of the order on behalf of Bihar State Financial Corporation contained in memo no. 217/Z-III/14-15 dated 12.11.2014, which reads as follows:- “Bihar State Financial Corporation FRASER ROAD:PATNA ORDER Sub:Cancellation of sale order of M/s Jagarnath Industries, Polytechnic Road Dhanbad issued vide memo no. 820/Z-III/2008-09 dated 27.3.2008 in Favour of Sri Chandra Shekhar Rai Azad, Chas, Bokaro. Order on sale of hypothecated/mortgaged assest of M/s Jagarnath Industries, Polytechnic Road Dhanbad was issued at consideration amount of Rs. 41.25 lakh in favour of Shri Chandra Shekhar Rai Azad, Chas, Bokaro under memo no. 820/Z-III/08-09 dated 27.3.2008. In terms of sale order, the purchaser concern paid initial cash down payment. However, due to litigation, the sale process was kept in abeyance vide memo no. 179 dated 30.7.2008 and the confirmation of sale order was issued under memo no. 322 dated 30.10.2008 subject to the final order of the Court in the relevant court cases. Thereafter Branch Manager was allowed to get sale cum payment of balance loan agreement executed under memo no. 418 dated 30.1.2009. The purchaser concern executed one agreement for sale cum payment of balance loan on 31.3.2010. However, some discrepancy especially with regard to payment of balance loan was observed and vide memo no. 326 dated 24.9.2010 repayment schedule was revised with condition that purchaser has to complete supplementary agreement within 15 days from the date of order. The purchaser concern failed to execute supplementary documents so far. 2. Keeping in view of the above, as the purchaser concern has not complied condition of sale order/order on revision of repayment schedule and since much time had lapsed, the issued sale order is hereby cancelled. The Corporation shall refund the amount paid by the purchaser concern after getting request from them. Memo NO. 216/Z-III/14-15 Sd/-10.11.14 (Pradip Kumar) Managing Director Patna High Court CWJC No.17088 of 2010 (8) dt.07-01-2015 3 Learned counsel for the petitioners submits that in view of the aforementioned order, the petitioner is no longer required to press this writ application. That being so, this writ application is dismissed as not pressed. Ranjan/- (Mihir Kumar Jha, J) U