GYAN DDEEP PRASAD Vs. BIHAR STATE FINANCIAL

JUDGEMENT

(1.) PRAYER of the Petitioners in all these writ applications is similar as they have challenged some of the provisions of Circular No. 5/06 -07 dated 15th September, 2006, as well as Circular No. 7/06 -07 dated 4th November, 2006, issued by Bihar State Financial Corporation in its one time settlement scheme (OTS). Petitioners case is that the same is violative of Articles 14, 19 and 21 of the Constitution of india as well as it violates the right guaranteed under the Right Of Information Act, 2005.

(2.) INITIALLY these writ applications were filed for commanding the Respondent Bihar State Financial Corporation (hereinafter referred to as the B.S.F.C.) to accept the Petitioners unit under general category and to issue application form for being applicant under B.S.F.C, O.T.S Scheme, 2006 which was being denied to them on some erroneous illegal and unjustified ground.

(3.) PETITIONERS in all these writ applications are either promoters or guarantor of such units who defaulted in making repayment of their loans and sale letter were issued in respect of their Units. Some of the units were not put on sale but some of the units though put on Sale it could be materialized as the purchaser either retreated or no one turn up to purchase such units which were put on Sale. The B.S.F.C. announced O.T.S. scheme, 2006 whereby the entrepreneurs of sick units were invited to clear their over burden dues and for the same five natures of plan were announced. They were (1) Plantinum -110 (2) Gold -125, (3) Super -150 (4) Classic -2000 and (5) Standard. The scheme was first announced by Circular No. 5/06 -07 dated 15th September, 2006. The Petitioners took it as golden opportunity for being relieved of the loan amount of B.S.F.C. rising day by day. They visited the concerned branch office of the B.S.F.C. for obtaining duly prescribed form after payment of Rs. 5,00 as its cost. The Branch Manager refused to issue application forms to the Petitioners saying that they are not eligible for the said scheme because there is one proviso under Clause 1(d)a meant for eligible category which says "However Promoters/guarantors of the unit for which sale Order has already been issued and action for retention of unit as per terms of the sale Order has not been taken by them shall not be eligible for taking benefits of this OTS scheme".