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2008 Supreme(Pat) 214

BARIN GHOSH, RAJESH BALIA
The Bihar State Financial Corporation – Appellant
Versus
Parmanand Kumar Etc. – Respondent


Judgment

1. Heard counsel for the parties.

2. All these cases raise common issue and have been decided by learned Single Judge by a common order 12-2-2007. We propose to do the same.

2A. Shorn of all elaborations, the key issue raised in these appeals is about the classification made in the scheme framed by the appellant Corporation established under the State Financial Corporation Act, 1951 (hereinafter referred to as the Act) for the State of Bihar. The scheme is known as BSFC OTS (One Time Settlement) SCHEME. The scheme is meant for inviting willing applicants who are debtors defaulters of the Corporation for one time settlement under the terms and conditions of the Scheme. For the purpose of scheme the original promoters of the Unit in default have been classified in two categories (i) those defaulter promoters against whom no action under Section 29 of the Act has been taken by the Corporation for taking over the management or possession or both of industrial concerns with a right to transfer by way of lease or sale and realize the property pledged, mortgaged, hypothecated or assigned to the Financial Corporation as well those industrial concerns against which action has been t






































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