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2001 Supreme(Pat) 893

SACHCHIDANAND JHA, P.K.SINHA
Durga Bhawani Cold Storage – Appellant
Versus
Bihar State Financial Corporation – Respondent


Judgment

S.N.JHA, J.

1. The dispute in this writ petition relates to distress sale of a Cold Storage, Durga Bhawani Cold Storage (P) Ltd. re-christened M/s Maa Mamta Cold Storage (P) Ltd., under the Bihar State Financial Corporation Act, 1951 (in shortthe Act).

2. The petitioner originally prayed for quashing of the sale notice, dated 12-1-1990, under S. 29 of the Act, enclosed as annexure-1 to the writ petition, and sought consequential and incidental reliefs. By amendment further prayer for quashing of the order dated 20-2-1990 and the transfer deed dated 14-5-1990 was made. By the said order dated 20-2-1990 contained in Annexure-17, acceptance of offer of respondent No.5 Nagendra Singh for purchase of the Cold Storage was communicated and the Branch Manager, Chapra Branch of the Corporation was authorised to enter into the premises and take over the mortgaged assets on behalf of the Corporation and hand over the same to the said purchaser. By the transfer deed dated 14-5-1990 the transfer of the Cold Storage was effected in favour of respondent Nagendra Singh.

3. The case of the petitioner so far as relevant is as follows. The petitioner, a private limited Company after obtaining






















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