IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18338 of 2010 JITENDRA NATH, proprietor of M/s Shivam Enterprises, Surapur Chhapra, Siwan, presently residing at 115, Hope Chandra Apartment, Nehru Nagar, Police Station Patliputra, District- Patna…… Petitioner Versus 1. M/S BIHAR STATE FINANCIAL CORPORATION, Fraser Road, Patna through its Managing Director. 2. The Managing Director, Bihar State Financial Corporation, Fraser Road, Patna. 3. The Branch Manager, Bihar State Financial Corporation, Saran Branch, Sir Niwas, Near District Sainik Board, Rejendra Sarovar, Chapra… Respondents. ----------- For the petitioner: Mr. Manik Vedsen, Advocate Mr. Subhash Chandra Bose,Advocate For B.S.F.C.: Mr. Raj Nandan Prasad, Advocate. ----------- 2. 15.11.2010 The petitioner seeks the benefit of One Time Settlement Scheme, 2009 after reconciliation of the accounts by the Bihar State Financial Corporation. Learned counsel for the petitioner submits that the authorities of the respondent B.S.F.C. are not receiving the application of the petitioner under the O.T.S. Scheme, 2009 which is due to expire today (15.11.2010) raising a plea that the same can only be received, if the petitioner accepts the accounts. According to learned counsel for the petitioner, there are several discrepancies in the accounts of the petitioner maintained by the respondent B.S.F.C. which he has already pointed out to them but they are not rectifying the same. It is submitted by learned counsel that - 2 - the petitioner is prepared to produce necessary evidences in support of his stand regarding non- entry of certain amounts deposited by the petitioner in the loan ledger account maintained by the Corporation. Learned counsel for the B.S.F.C. submits that the Corporation has already written to the petitioner to verify his account in the loan ledger either himself or accompanied by his accounts expert and also get copies of the same. In my view once the B.S.F.C. has come out with an O.T.S. Scheme, it is not open to it to not receive any application that may be submitted by any party, who claims under the said Scheme. It is a different matter that the acceptance or rejection of the application would depend upon the terms and conditions laid down in the said Scheme. Further it is not open to the respondent B.S.F.C. to insist that anything and everything stated in their ledger account be treated as the last word of the subject irrespective of the fact that any amount paid by the borrower is not reflected in the said ledger account. In view of the aforesaid, the writ application is allowed. The authorities of the - 3 - respondent Corporation are directed to receive the application of the petitioner under the O.T.S. Scheme,2009, if the same is filed before them within a period of one week from today, as the delay in the present matter has occurred on account of their unreasonable stand. They are further directed to look into the evidences to be supplied by the petitioner in support of his stand that various payments made by him are not reflected in the loan ledger account maintained by the B.S.F.C. and, accordingly, to reconcile the account of the petitioner and give the benefit of the O.T.S. Scheme, 2009 in terms of the said reconciliation. VPS ( Ramesh Kumar Datta, J. )