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1992 Supreme(Pat) 246

G.C.BHARUKA
Waxpol Industries Limited – Appellant
Versus
Bihar State Electricity Board, Patna – Respondent


Advocates Appeared:
For the Petitioners: M/s. Satish Bakshi & Anoop K. Mehta.
For the Respondents: M/s. S.K. Dutta and B. Saran Lal.

JUDGMENT

G.C. Bharuka, J.

The present writ application has been filed by the petitioners for issuance of a writ of mandamus commanding upon the Respondent Bihar State Electricity Board and its Officers to provide electric energy to their factory. Petitioner no. 1 is a private Limited Company incorporated under the provisions of the Indian Companies Act, 1956, and petitioner no. 2 is one of its directors.

2. Bihar State Financial Corporation (hereinafter to be referred to as the Corporation only) had granted a loan of Rs. 3,40,000/- to M/s. Neo Chemical and Metal Products (P) Ltd. (hereinafter to be referred to as the mortgagor company), which is also a company registered under the Companies Act in the year 1976 and, as a security for the said loan, the mortgagor company had mortgaged its assets with the said Corporation. Subsequently, since the mortgagor company did not repay the said loan within the time stipulated in the agreement, therefore, the Corporation advertised the assets of the mortgagor company for sale, as per statutory powers conferred under Section 29 of the State Financial Corporation Act, 1951. Pursuant to the said advertisement dated 20.3.1985 as contained in Annexur







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