IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.771 of 2009 Rajendra Prasad Yadav son of Sri Vikram Yadav, Resident of Village-Mahadeoganj, Police Station- Mahadeoganj, District-Sahebganj. -Respondent no.4- Appellant. Versus 1. Onkarnath Pathak, son of Chintamani Pathak, Resident of Village & P.O.-Mahadeoganj, District- Sahebganj, permanent resident of Village-Kaithpura, Police Station-Barhat, District-Banka. --Petitioner-Respondent. 2. The Bihar State Financial Corporation, Frazer Road, Patna through its Managing Director, Bihar State Financial Corporation, Frazer Road, Patna. 3. The Branch Manager, Bihar State Financial Corporation, Deoghar. 4. The Manager (Co-ordination Cell), Bihar State Financial Corporation, Head Office, Patna. 5. Bipin Bihari Pathak, son of Chintamani Pathak, resident of village-Kaithpura, Police Station-Barhat, District- Sahebganj. -- Respondents-Respondents. For the appellant : Mr. Basant Kumar Choudhary, Senior Advocate. Mr.Ranjan Kumar Singh, Advocate. For Respdt .no. 1 : Mr. Syed Arshad Alam & Mr. Gautam Kumar Yadav, Advocates. For the respondent- : Mr. P.K.Shahi, Senior Advocate. Corporation Mr. M.K.Thakur, Advocate With LPA No.824 of 2009 1. The Managing Director, Bihar State Financial Corporation, Frazer Road, Patna through its Managing Director, Bihar State Financial Corporation, Frazer Road, Patna. 2. The Branch Manager, Bihar State Financial Corporation, Deoghar. - 2 - 3. The Manager (Co-ordination Cell), Bihar State Financial Corporation, Head Office, Patna. -Respondents-Appellants. Versus 1. Onkar Nath Pathak, son of Late Chintamani Pathak, resident of Village and P.O. Mahdeoganj, District Sahibganj- Permanent resident of Village Kaithpura, P.S. Barhat, District-Banka. -- Petitioner- Respondent 1st Set. 2. Rajendra Prasad Yadav, son of Sri Bikram Yadav, Resident of Village Mahadeoganj, District-Sahibganj. 3. Bipin Bihar Pathak, son of Chintamani Pathak, resident of Village Kaithpura, P.O. Barhat, District- Sahibganj. Respondents-Respondents 2nd Set. ------ For the appellants : Mr. P.K.Shahi, Senior Advocate Mr. M.K.Thakur, Advocate. For respondent no.1 : Mr. Syed Arshad Alam, Advocate Mr. Gautam Kumar Yadav, Advocate ----- 05. 27/01/2010 In these two appeals the purchaser and the Bihar State Financial Corporation (for short `the BSFC’) have called in question the legal propriety of the order dated 19.05.2009 passed by the learned single Judge in CWJC No. 14682 of 2007. This Court on 18.01.2010 had passed the following order: “Heard Mr. Basant Kumar Choudhary, learned Senior Counsel for the appellant in LPA no. 771/2009, Mr. Mukesh Kumar Thakur, learned counsel for the Bihar State Financial Corporation and Mr. Gautam Kumar Roy, learned counsel for Promoter- respondent no. 1 in both the appeals. Regard being had to the facts and situation, we would like the appellant, - 3 - Rajendra Prasad Yadav in LPA No. 771/2009, Mr. Onkar Nath Pathak, respondent No. 1 and Managing Director of the Corporation to remain personally present before this court at 2 P.M. on 22-1-2010. Be it placed on record that we have directed for personal appearance as we are disposed to think that there is possibility of settlement. Call on the date fixed.” 2. In pursuance of the aforesaid order the parties appeared before this Court on 22.01.2010 and certain suggestions were given. Eventually on the next date of hearing a consensus was arrived at between the parties and on the basis of the consent given by the learned counsel for the parties after taking requisite instructions, we proceed to issue following directions: (i) Rs.5,00,000 (Rupees five lacs) is to be paid by the promoter within six months in two quarterly instalments, the first instalment of Rs.2.5 lacs to be paid by 05th of March, 2010 and the second by 5th June, 2010. The said amount shall be deposited with the Corporation which, in turn, shall be paid to the purchaser. (ii) A sum of Rs. 13,00,000 (Rupees thirteen lacs) shall be paid to the Corporation by the promoter within six months . Out of the said amount, the promoter shall - 4 - pay a sum of Rs. 2.5 lacs by 20th of March, 2010 and thereafter equal bi-monthly installments till the amount is cleared. (iii) The Corporation shall refund a sum of Rs. 4,76,000/- (Rupees Four lacs and seventy six thousand) to the purchaser. (iv) The promoter shall deposit a sum of Rs. 2.5 lacs with the Corporation by way of a Bank Draft and thereafter the Corporation shall refund Rs. 4,76,000/- (Rupees Four lacs seventy six thousand) along with Rs. 2.5 lacs to the purchaser forthwith. On such payment being made the possession shall be handed over to the promoter on `As is where is basis’. (v) In case of default of payment of any installment qua the Corporation or qua promoter, the Corporation shall take over the possession and hand over to the purchaser. 3. Both the Letters Patent Appeals are disposed of on above terms and conditions. There shall be no order as to costs. Dilip/ Sunil ( Dipak Misra, C.J.) (Shiva Kirti Singh, J.)