HOTEL BROSEN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties and considered the materials on record. This matter is being disposed of at the admission stage by passing the following order:

(2.) This writ petition has been filed, inter alia, with a prayer for issuance of a writ of mandamus restraining the Bihar State Financial Corporation (hereinafter called the said Corporation) from acting in furtherance of the notice issued under Sections 29 and 30 of the State Financial Corporations Act (hereinafter to be referred to as the said Act). There is also a subsidiary prayer to restrain the Officers of the said Corporation from, in any way, interfering with the running of the unit of the petitioner which is a hotel at Madhupur.

(3.) For the purpose of disposal of this writ petition, the following facts may be recorded: The case of the petitioner, inter alia, is that with the technical support of civil engineer, a project report of the proposed Hotel Brosan at Madhupur (hereinafter called the said Hotel) was prepared by petitioner No. 2. The said Hotel was established on the plot of land which belonged to the mother of petitioner No. 2. Thereafter the said Hotel sought a term loan of Rs. 14.17 lacs from the said Corporation. The said prayer, though initially turned down, was ultimately granted by the respondent Corporation and a term loan of Rs. 10 lacs was granted on certain terms and conditions which were appended to the sanction letter. Thereafter the case of the petitioner is the said loan, had been increased to rupees thirteen lacs by the said Corporation. In the writ petition various facts have been stated alleging delay on the part of the said Corporation in not releasing the loan. Facts have also been stated about the non-acceptance of the proposal of the petitioner Hotel by the said Corporation in the matter of granting additional loan. In paragraph 63 of the writ petition, the petitioner has given details of the loan disbursed by the said Corporation and on its own showing the said amount comes to Rs.10.46 lacs. In paragraph 65 of the writ petition, the petitioners have given details of the amount paid by them.