IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.109 of 2008 BIHAR STATE CREDIT & INVESTMENT Corporation Ltd. Indira Bhawan, Ram Charitra Singh, Path, PATNA through its Managing Director Versus 1. M/S PRABHA ELECTRO CASTING PVT Ltd. A Company registered under the provisions of the Companies Act 1956 Having its place of business at Industrial Area, Raxaul East Champaran, through one of its Director Binod Kumar son of Late Mohan Lal Saraf resident of Ram Nagar Police Station- Ram Nagar District- West Champaran. 2. The Zonal Office, Rec. Zone-II, Bihar State Credit & Investment Corporation Ltd. Indira Bhawan, Ram Charitra Singh Path, Patna 3. The Manager & In-charge Legal Affairs, Bihar State Credit & Investment Corporation Ltd. Indira Bhawan, Ram Charitra Singh Path, Patna 4. The Deputy Manager, Bihar State Credit & Investment Corporation Ltd. Indira Bhawan, Ram Charitra Singh Path, Patna ----------- For the appellant: Mr. Nirmal Kumar, Advocate For the respondents: Mr. S.D. Sanjay, Advocate Miss Shabina Rubab, Advocate ------------- 13 03-03-2009 Heard learned counsel for the appellant and learned counsel for the respondents and perused the materials on record including the judgement and order of learned Single Judge. On going through the O.T.S. scheme of the year 2002 We find that there was no clause for excluding the amount of subsidy received from the State Government by BICICO for payment to the writ petitioner i.e., for not treating it as “the cash repayment received till 31-03-2002” which had to be adjusted for finding out the actual amount to be paid under the O.T.S. scheme as per formula advertised by the BICICO. We find ourselves in agreement with the views of the learned Single Judge that the amount of subsidy was also required to be given due credit as cash repayment received by BICICO till 31-03- - 2 - 2002 for working out the formula of O.T.S. Hence, We find no merit in this appeal. It is, accordingly, dismissed. BKS/ (Shiva Kirti Singh,J.) (J. N. Singh, J.)