Patna High Court
Sahana Iraqui vs The State Of Bihar And Ors on 31 January, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2488 of 2018
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Shahana Iraqui S/o Late Md. Zakaria, R/o Khagra, N.H.-31, At, P.O. and
P.S.Distt.-Kishanganj,
... ... Petitioner/s
Versus
1. The Bihar State Financial Corporation, Fraser Road Patna-1 through the
Managing Director.
2. That Deputy Manager T/C Z-11 The Bihar State Financial Corporation
Fraser Road Patna-1.
3. The Branch Manager, The Bihar State Financial Corporation, Purnia Branch,
Purnia.
4. The Public Information Officer, Bihar State Financial Corporation, Purnia
Branch, Purnia.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Firoz Ahmad, Advocate
For the Respondent/s : Mr.Basant Kumar Singh, Advocate
Mr. Raj Nandan Prasad, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 31-01-2023
Petitioner has prayed for the following relief(s):
"For quashing the letter/order dated
15.11.2010 (contained in Annexure-9) of the Dy.
Manager (I/C Z-11) Bihar State Financial
Corporation hereinafter read as BSFC, Patna
whereby and whereunder the prayer/request of
proposal for settlement of dues amount of M/s
Mudni Tannery Kishanganj under OTS Scheme
has been rejected and for a direction to the
respondent authorities to accept/approve the
Patna High Court CWJC No.2488 of 2018 dt.31-01-2023
proposal of the petitioner for settlement of the
dues/loan amount of M/s Mudni Tannery,
Kishanganj since he is the legal heir of Late Md.
Zakaria owner of Mudni Tannery."
In view of the attending facts and circumstances,
learned counsel appearing for the petitioner states that petitioner
shall approach respondent No. 1/3, namely The Bihar State
Financial Corporation, Fraser Road Patna-1 through the
Managing Director and The Branch Manager, The Bihar State
Financial Corporation, Purnia Branch, Purnia, giving a concrete
proposal for (a) repaying the amount in instalments; waiver of
interest in terms of the policy framed by the Reserve Bank of
India and the respondent bank without being discriminated;
waiver of amount of penalty, if any.
As and when any such request is made by the
petitioner, the same shall be considered, decided and action
taken thereupon by the respondents expeditiously in accordance
with law and preferably within a period of two months.
All questions of law and fact are left open.
Liberty reserved to the petitioner to approach the
appropriate forum/Court, should the need so arise subsequently
Patna High Court CWJC No.2488 of 2018 dt.31-01-2023
on the same and subsequent cause of action.
Petition is disposed of in the aforesaid terms.
Interlocutory Application(s), if any, shall stand
disposed of.
(Sanjay Karol, CJ)
( Partha Sarthy, J)
K.C.Jha/DKS
AFR/NAFR
CAV DATE
Uploading Date 02.02.2023
Transmission Date
