IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4608 of 2009 M/S SHYAM INDUSTRIES, a proprietorship concern 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. Versus 1. BIHAR STATE FINANCIAL CORPORATION, Fraser Road, Patna through its Managing Director. 2. The Managing Director, Bihar State Financial Corporation, Fraser Road, Patna. 3. The Dy. Manager (Z-I), Bihar State Financial Corporation, Frazer Road, Patna. 4. The Branch Manager, Bihar State Financial Corporation, Motihari, District – East Champaran. ----------- 07. 22.02.2010 After the exchange of pleadings between the parties and the facts and materials which have been brought on record, it is evident that the communication dated 16.3.2009, contained in Annexure-11 does not state the true facts and state of affairs. By virtue of this communication the petitioner as well as this Court has been made to understand that the formality of sale and handing over the Unit by the Corporation in favour of the purchaser was all over on 22.12.2000. But that is not true because in the affidavit, the Corporation has itself accepted the position that there was failure on the part of the purchaser to meet the obligation cast upon him for effecting the sale and because of that failure the Corporation was compelled to take over the Unit back in its possession on 15.9.2006. All this has also some legal background which is corroborated that the purchaser had also 2 approached this High Court in CWJC No. 13230 of 2006, contained in Annexure-9 to the writ application. In the above background and stated position, Annexure-11 is a miscommunication made by the Deputy Manager (Z-I), the Court may have had an occasion to record something more against this Officer but taking into consideration the accepted position by the Corporation he is cautioned to be more careful with the records and about its communication about such disputes more so it has travelled to the High Court. Annexure-11 stands quashed. The Corporation will be well advised to respond to the petitioner’s claim in an appropriate fashion taking the entirety of the facts and dispute. The writ application stands allowed. rkp ( Ajay Kumar Tripathi, J )