IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.2 of 2007 THE BIHAR STATE CREDIT AND INVESTMENT CORPORATION LTD. ------------APPELLANT Versus M/S EASTERN FOOD INDUSTRIES PVTD. LTD. ---------- RESPONDENT ----- For appellant: Mr. Nirmal Kumar, Advocate For the respondent : Mr. Arvind Kumar Jha, Advocate --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 15th October, 2008 The counsel for the appellant does not dispute that the controversy in this appeal is identical to that of LPA No.358 of 2007, The Bihar State Credit & Investment Corporation Ltd. & Ors. vs. M/s Hotel Nanaksons Pvt. Ltd., which was decided by this court on 26th July, 2007. He submits that the Division Bench of this Court upheld the order of the single judge and dismissed the appeal. He, however, submits that the matter has been carried to the Supreme Court and the Petition for Special Leave has been filed by the Bihar State Credit & Investment Corporation Ltd., and others before the Supreme Court. 2. We find from the proceeding that almost a year back , that is, on 31st October, 2007, it was stated before the court that the 2 identical matters are under challenge in SLP No.20030 of 2007. The matter has been adjourned time and again. The counsel for the appellant is not in position to state before us the exact status of the Special Leave Petition. 3. In our considered view, the appeal has to be dismissed as LPA. No.358 of 2007, The Bihar State Credit & Investment Corporation Ltd. & Ors. vs. M/s Hotel Nanaksons Pvt. Ltd., raising identical issues has already been dismissed by this court on 26th July, 2007. Such order will be consistent with the order passed in the identical matter. 4. Consequently, this letters patent appeal is dismissed in the light of the order dated 26th July, 2007 passed by the Division Bench of this court in LPA. No.358 of 2007. 5. We order accordingly. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/-