Compliance with court orders is crucial, and actions must be bona fide to seek equitable relief under Article 226 of the Constitution of India.

ORDER

Anubha Rawat Choudhary, J. - Heard Mr. Rahul Gupta, counsel appearing on behalf of the petitioners.

2. Heard Mr. A.K. Yadav, counsel appearing on behalf of the respondents.

3. This writ petition has been filed for the following reliefs:-

"(i) For setting aside the order dated 14.12.2006 passed by respondent no. 2 by which the application preferred on behalf of the petitioners concerned under Bihar State Financial Corporation OTS Scheme 2006 has been rejected.

(ii) For a direction upon the concerned respondent(s) to accept the petitioner''s application and settle dispute/Claim under Bihar State Financial Corporation OTS Scheme 2006 and direct the respondents to consider the same, and the respondents may also be directed not to take any coercive action as against this petitioner till the disposal of the present case, since the proprietor of firm is handicapped poor beneficiary, till today petitioner paid more than Rs. 63000/- for Rs. 15,800/- i.e. financed amount.

(iii) Farther prayer has been made for a direction upon the concerned respondent to consider the case of this petitioner sympathetically also on the fact that out of Rs. 50,000/- of sanctioned amount only Fifteen thousand and odd had been issued/disbursed to him and only due to inaction the petitioner was unable to start his unit and since beginning he had tried to resolve the issue in view of the earlier order passed by this Hon''ble Court, the petitioner has approached the authority time and again but no positive action has been taken."

4. Counsel appearing for the petitioner submits as follows:-

a) In the year 1980, the original writ petitioner had approached Bihar State Financial Corporation for grant of some financial assistance and pursuant to such application, the loan was sanctioned for an amount of Rs. 50,000 / - on 30.08.1981.

b) On 26.10.1981, an amount of Rs. 9800/ - was disbursed and thereafter on 24.02.1982 further amount of Rs. 6,000/ - was disbursed. Thus total disbursed amount was Rs. 15,800/- out of total sanctioned amount of Rs. 50,000/ -. Subsequently in the year 1995, the petitioner came to know that the respondents are claiming an amount of Rs. 1,41,000/- and an advertisement for auction was published in the newspaper on 14.12.1995.

c) On 20.02.1995, the Unit of the petitioner was sold out to one Rudra Narayan Mahto for an amount of Rs. 1,98,000/-.

d) Under said circumstance, the original writ petitioner filed writ petition being C.W.].C. No. 2170 of 1998(R) which was allowed Vide order dated 05.10.1999 and the sale order dated 20.02.1998 was quashed on the condition that the petitioner shall deposit Rs. 50,000/ - within four weeks from the date of the order and direction was issued to the respondents to serve the details of the calculated amount which ultimately became due from the original writ petitioner.

e) Against this, L.P.A. No. 475/1999 (R) was preferred by the Bihar State Financial Corporation which was remanded to the learned Single Judge Vide order dated 28.03.2000 for fresh consideration.

f) Thereafter Vide order dated 05.07.2000 reasoned order was passed by this Hon''ble Court whereby the action of the respondent-Bihar State Financial Corporation was deprecated and auction was set aside with certain direction to the petitioner also. The operative portion of the judgment dated 05.07.2000 is quoted herein below for ready reference:-

In the result, this application is, therefore, allowed and the sale order dated 20.02.98 is quashed. This order shall be subject to the condition that the petitioner shall deposit a sum of Rs. 50,000/- within four weeks from today and thereafter the Corporation will serve the detailed calculation of the amount which ultimately found due against the petitioner. The said calculation sheet shall be served upon the petitioner within a month from the date of deposit of the aforesaid amount of Rs. 50,000/- The petitioner may also make representation to the Corporation if he will not be satisfied with the sai