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1992 Supreme(Pat) 115

S.ALI AHMAD, NAGENDRA RAI
Shabiha Khatoon – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: M/s Tarakant Jha, S. A. Khan and Syed Khurshid Alam.
For the Corporation : M/s R. B. Mahto and Arshad Alam.
For the Respondent No. 4: M/s Basudeo Prasad, Krishna Prasad Singh. Arvind Ujjwal and Bhanu Pratap Singh.

Order

The petitioners entered into an agreement with the Bihar State Financial Corporation on 14th June, 1985 for a loan of Rs. 7,00000/-which was to be paid in phases. In all, the petitioners, admittedly, have so far been paid Rs. 6.16 lacs. According to the agreement the entire amount advanced to the petitioners by the Corporation had to be repaid along with interest by 30th September, 1994. There was also a stipulation in the agreement that in case of any default in payment of any instalment the Corporation will be free to put the mortgaged property to sale and realize the entire dues including the insta1ments which had to be repaid along with the interest by 30th September, 1994. Admittedly the petitioners paid about Rs, 2.19 lacs towards repayment of Joans but there was default in making payment of some instalments.

2. A notice was published under section 29 of the Act on 22-12-1991 mentioning the names of the concerns which had to be put on auction for non-payment of loan. The petitioners' hotel also figured in that list. That is challenged in this writ application. The matter came for ad mission on 3-1-1992 and the Bench hearing the matter directed the case to be put up again




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