IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15584 of 2005 M/S MAGADH SMOKELESS COKING COAL INDUSTRIES PRIVATE LIMITED Versus BIHAR STATE CREDIT & INVESTMENT CORPORATION LIMITED AND OTHERS ----------- 06. 10.02.2010 Heard learned counsel for the petitioner and learned counsel for the respondents. From the response which been filed on behalf of the BICICO to the second supplementary affidavit the Court is convinced that the petitioner has absolutely no intention or commitment to pay back the outstanding dues calculated against him despite indulgence shown by this Court by handing over the unit to him to settle the dispute vide order dated 20.3.2008. Submissions have been made that there was intent and purpose and in this regard there are communications contained in annexures 21, 22 and 23 but from perusal of the same it only indicates that these were mere communications made with the corporation with no intention to comply with the requirement under OTS 2009 scheme. At no point of time petitioner has deposited the requisite 10 per cent of the outstanding dues to enable the Corporation to process his application and proceed in the matter. The precondition imposed by the petitioner to adjust the so-called 11 lacs deposited by him earlier cannot be a ground for his not complying with the earlier observation of the Court dated 20.3.2008 2 more so when the respondents have indicated that it would be adjusted provided petitioner had taken steps under OTS 2009 scheme. No case for interference is made out more due to conduct of the petitioner and his refusal to abide by wish and direction of the Court as well as indulgence shown in order dated 20.3.2008. The writ application is dismissed. Respondents are free to take action against the unit in accordance with law. rkp ( Ajay Kumar Tripathi, J )