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2024 Supreme(Pat) 310

BIBEK CHAUDHURI
Prinsu Kumar S/O Ram Naresh Singh – Appellant
Versus
State of Bihar through the Additional Chief Secretary, Home Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Md. Waziur Rahman, Advocate, Mr. Nishant Kumar Sinha, Advocate
For the Respondent:Mr. Amish Kumar, Advocate, Mr. Prahakar Thakur, Advocate, Mr. Iqbal Asif Niazi, AC to GP 5

JUDGMENT :

Bibek Chaudhuri, J.

The fact of the case is more or less indisputable. The writ petitioner purchased a harvesting machine under Hire Purchase Agreement executed by and between the writ petitioner and the Respondent no. 6, who is a Non-Banking Financial Corporation. The agreement was executed on 15th November 2019, by virtue of which the finance company agreed to pay loan of Rs. 24,80,000/-(Twenty four lakhs and eighty thousand only) for purchasing the said harvesting machine. The petitioner made initial payment of Rs. 8,00,000/-(Eight lakhs only) towards the sale price of the said harvesting machine. It is the case of the petitioner that immediately after purchase of the said machine, there was upsurge of COVID 19 pandemic. During the COVID 19 pandemic, all works and functions including the agricultural work was closed during the period between 1st January 2020 and 19th July 2022. Along with others, agricultural sector was also affected adversely and the petitioner could not make use of the harvesting machine for the purpose of agriculture to augment income. As a result, he was not regular in payment of monthly installments. However, the petitioner paid Rs. 7,00,000/-(Seve

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