IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13683 of 2008 SATYAM ROLLER FLOUR MILLS(P) LTD. HAVING ITS REGISTERED OFFICE SITUATED AT MAKHDUMSARAI, P.O., P.S. AND TOWN- SIWAN, DISTRICT SIWAN THROUGH ITS MANAGING DIRECTOR, SRI KANHAIYA LAL---PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY-CUM-COMMISSIONER, DEPARTMENT OF INDUSTRIES, GOVERNMENT OF BIHAR, PATNA. 2. THE BIHAR STATE FINANCIAL CORPORATION, THROUGH ITS MANAGING DIRECTOR, FRASER ROAD, PATNA. 3. THE MANAGING DIRECTOR, BIHAR STATE FINANCIAL CORPORATION, FRASER ROAD, PATNA. 4. THE SPECIFIED AUTHORITY, BIHAR STATE FINANCIAL CORPORATION, FRASER ROAD, PATNA---RESPONDENTS. For the Petitioner : M/S Devendra Pd. Sinha, Sr. Adv., Ranjeet Kumar, Advocate. For the Corporation : M/S Y.V. Giri, Sr. Adv., Ashish Giri, Advocate. ----------- 09. 09.10.2009 Heard learned counsel for the petitioner and the counsel for the Bihar State Financial Corporation, Patna (hereinafter referred to as “the Corporation”). 2. Petitioner is a small scale industrial unit and was granted loan by the Corporation. In course of time the unit became sick and the amount advanced became due, which the Corporation sought to be realized by enforcing the provision contained in the State Financial Corporation Act. Before the unit could be sold, the State Government constituted State Level Apex Committee(hereinafter referred to as the Committee) for rehabilitation of sick small scale industrial units. The Committee considered the case of the unit in its meeting held under the Chairmanship of the Director, Industries, Bihar on 29.2.2008 in which it was resolved as follows:- “As per decision of the Sub-Committee meeting held on 30.08.2007, the promoter was advised to settle their case with BSFC under OTS scheme. Since the time of OTS scheme of BSFC has already been expired the Committee has decided that a letter from DI, Bihar may be issued to BSFC for consideration of OTS proposal of the unit as a special case even after expiry of period of OTS Scheme”. - 2 - 3. In the light of the resolution of the Committee the case of the petitioner unit was considered for grant of OTS benefit by the Manager, Coordination of the Corporation who rejected the request of the petitioner to consider its case for grant of benefit under the OTS scheme vide order bearing letter No. 340 dated 19.5.2008, Annexure-E to the counter affidavit. It is evident from the decision of the Committee that the case of the petitioner unit under OTS scheme has to be considered by the Board of the Corporation as a special case but the Manager, Coordination has rejected such request on the ground that the OTS scheme itself has come to an end. The case of the petitioner for grant of OTS benefit should have been considered by the Board of the Corporation in the light of the decision of the Apex Level Committee. 4. Having heard counsel for the parties, I set aside the order of the Manager, Coordination contained in letter No. 340 dated 19.5.2008, Annexure- E to the counter affidavit with further direction to the Managing Director and the Board of the Corporation to consider the case of the petitioner unit for grant of OTS benefit a special case in the light of the minutes of the Apex Level Committee dated 29.2.2008 contained in Annexure-F to the counter affidavit in accordance with law as early as possible, in any case within one month from the date of receipt of this order before the Managing Director of the Corporation. Any steps taken, in the meanwhile, shall be subject to the result of the decision taken by the Board in the light of this order. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)