KANTI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsels for the respondent Corporation as also for the State of Bihar.

(2.) Although the petitioners had earlier filed the writ petition for quashing the notice dated 1.12.2009 under Sections ,29 and 30 of the State Financial Corporation Act, 1951 but in the meantime on an auction sale having been made, the sale order dated 20.7.2010 was issued under which the petitioners were granted 21 days' time for retaining the unit on matching terms and conditions, pursuant to which certain undertakings were given by the petitioners in the Court for making payment of the amount within certain times, which was noted in the order dated 9.8.2010 passed by this Court. Subsequently on 17.8.2010, the respondent Corporation floated its O.T.S. Scheme, 2009, which is valid till today, i.e., 15.11.2010, upon which LA. No.8156/2010 was filed by the petitioner for amendment of the prayer in order to be given the benefit of the said O.T.S. Scheme, 2009 which prayer for amendment was allowed by order dated 2.11.2010.

(3.) Learned counsel for the petitioners submits that the Unit of the petitioners had not been sold till the date when the O.T.S. Scheme, 2009 had been floated by the Corporation and thus, the petitioners were entitled to the benefit of the said O.T.S. Scheme, as the owners of the Unit.