IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.235 of 2005 Sun Biotechnology Limited, registered office at Milanpur Rehabari, Guahati, Assam and its administrative office at 21A, Shakespeare Sarani, Kolkata through its Director Shri Shankar Rama Lingam son of Late R. Shankar, resident of 48A, Raja Basanta Roy Road, Kolkata- 700029.………………………..Petitioner-Review Petitioner. Versus 1. The Bihar State Financial Corporation having its head office at Fraser Road, P.S. Kotwali Town, District Patna, Bihar through its Managing Director. 2. The Branch Manager, Bihar State Financial Corporation, Katihar Branch,Katihar, Bihar 3. Industrial Financial Corporation of India Ltd.(I.F.C.I.,), Registered Office at I.F.C.I. Tower, 61 New Delhi – 110019. Respondents-Opposite parties. ----------- 04/ 06.08.2010 Heard learned counsel for the petitioner. This petition has been filed for review of order dated 27.09.2005 by which a Bench of this court disposed of C.W.J.C. No.6910 of 2005 with a direction to the Corporation not to treat the petitioner as a defaulter and the period of default from the date it commenced until the end of September, 2005 shall be ignored by them and the petitioner shall start making payment of instalments from the month of October, 2005 in terms of the agreement and shall also pay up-to-date interest, including the period when it did not pay the instalments, at the rate mentioned in the agreement and also on the dates mentioned therein from October, 2005. It was also held that in the event the suit is ultimately decreed in favour of the petitioner to the extent the consideration money was to be reduced, then the Corporation shall refund the same together with interest from the date of payment of 2 the first instalment to the extent the same would represent the amount refundable at the same rate as mentioned in the agreement. The aforesaid writ petition was filed challenging order dated 02.06.2005 by which Additional District Judge-III, Katihar dismissed Miscellaneous Appeal No.07 of 2004 and affirmed order dated 04.09.2004 passed in Title Suit No.46 of 2002 by which Subordinate Judge-I, Katihar refused the prayer of the plaintiff-petitioner for granting ad interim injunction against the respondent Bihar Financial Corporation under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure claiming that the entire land as per the agreement was not given to the petitioner and some portion thereof was not handed over to the petitioner at the time of giving possession. In the aforesaid facts and circumstances, this court does not find any error apparent on the face of the record of the said order nor does it find any material to take a different view. Accordingly, this civil review petition is dismissed. harish/ ( S. N. Hussain, J. )