IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1129 of 2010 M/S Shyam Industries, a proprietorship firm having its factory at Main Road, Raxaul, District – East Champaran through its Proprietor Pawan Kumar Mittal, son of Late Mohan Lal Mittal, resident of Pushp Vihar Colony, Exhibition Road, Patna....Petitioner/Appellant Versus 1. Bihar State Financial Corpn., Frazer Road, Patna through Managing Director 2. The Managing Director, Bihar State Financial Corpn., Frazer Road, Patna 3. The Dy. Manager, Bihar State Financial Corpn., Frazer Road, Patna through Managing Director 4. The Manager (OTS), Bihar State Financial Corpn., Frazer Road, Patna through Managing Director 5. The Branch Manager, Bihar State Financial Corpn.,Motihari, District East Champaran 6. Asstt. General Manager (Zone-I), Bihar State Financial Corpn., Frazer Road, Patna 7. The Dy. Manager, Bihar State Financial Corporation, Motihari Branch, Distt. East Champaran 8. Bijay Kumar Motani, S/o name not known, R/o Mohan Lal Bazar Bettiah, Distt. West Champaran .........Respondents/Respondents ----------- 02- 29/6/2011 Heard Mr. Narendra Kumar Jha for the appellant. This appeal under clause 10 of the Letters Patent of the High Court of Judicature of Patna has been preferred by the petitioner of CWJC No.13230 of 2006, and is aggrieved by the order dated 29.4.2010, passed by a learned Single Judge of this Court, whereby the writ petition has been disposed of, and the Corporation’s stand in effect that the petitioner’s application for consideration of its case for one time settlement is indeed covered by category 1(d) of the Scheme, has been upheld. 2 2. We have perused the materials on record and considered the submissions of the learned counsel for the parties. In view of the discussion in the order of the learned Single Judge, we agree that the petitioner’s case is not a case of original promoter but is a case covered by category 1(d) of the Scheme, which is applicable to the promoters whose units have been sold. We agree with the order of the learned Single Judge. 3. The appeal is dismissed. ( S K Katriar ) ( Amaresh Kumar Lal ) mrl