ECLAT INDUSTRIES LIMITED Vs. STATE OF BIHAR; DEPARTMENT OF INDUSTRIES, GOVERNMENT OF BIHAR; INDUSTRIES DEVELOPMENT COMMISSIONER, DEPARTMENT OF INDUSTRIES; DIRECTOR, OFFICE OF DIRECTORATE OF TECHNICAL DEVELOPMENT DEPARTMENT OF INDUSTRIES; BANK OF BARODA (OPERATING AGENCY) AND ORS ; IN

JUDGEMENT

(1.) Heard learned senior counsel for the petitioner, learned counsel for the respondent Canara Bank and learned counsel for State.

(2.) The present writ petition has been filed for a direction to the respondent nos. 1 to 4 to provide relief by way of funds to the petitioner company out of the "Corpus Fund" as envisaged under the Industrial Incentive Policy, 2011, framed by the State of Bihar to help the revival of sick industrial undertakings falling in the small, medium and micro sector; and in the meantime to refrain from taking any coercive action against the petitioner under the Securitization and Reconstruction of Financial Assets And Enforcement of Security Interest Act, 2002 (hereinafter referred to as "the SARFAESI Act").

(3.) Interlocutory Application No. 784 of 2015 has been filed for amendment of the writ petition in view of subsequent developments. Of the two prayers enumerated in paragraph 9 thereof, learned senior counsel for the petitioner does not press the second prayer and the same is dismissed as not pressed. The only prayer sought to be added to the writ petition is as follows