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1999 Supreme(Pat) 1122

SACHCHIDANAND JHA, GURUSHARAN SHARMA
Haridwar Choubey – Appellant
Versus
Managing Director, Bihar State Financial Corporation – Respondent


Judgment

S.N.JHA, J.

1. This Letters Patent Appeal is directed against the judgment and order of a learned single Judge of this Court dated 25-6-99 in CWJC No. 9667 of 1998 dismissing the appellants writ petition.

2. The dispute relates to the sale of the mortgaged assets of M/s. Rama Rice Mill situate at Banauli within Chenari P.S. of Rohtas District, at the instance of the Bihar State Financial Corporation (the Corporation, for short) under the provisions of the State Financial Corporations Act, 1951 (the Act for short). The appellant filed the abovementioned writ petition seeking, initially, a mandamus commanding the Corporation not to sell the mill in favour of any third party including respondent No. 3 Md. Azim, and consequential directions. By amendment, later, he prayed for quashing the order dated 24-9-98 regarding sale of the mill in favour of respondent No. 3 and the sale agreement dated 14-11-98 entered into with him i.e. respondent No. 3.

3. The case of the appellant, as stated in the writ petition, briefly, is as follows:One Chandra Shekhar Choubey and other partners established the mill i.e. M/s. Rama Rice Mill in the year 1978 after investing amount of Rs. 30 to 40 la





















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