Patna High Court - Orders
Bihar State Financial Corpn.&A vs M/S Suraj Kana Pharmaceuticals on 4 September, 2009
Author: Shiva Kirti Singh
Bench: Shiva Kirti Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.375 of 2009
1. BIHAR STATE FINANCIAL CORPORATION, Frazer
Road,P.S.Kotwali, Distt-Patna.
2. Managing director, Bihar State Financial
Corporation, Indira Bhawan,Patna.---Appellants.
Versus
M/S SURAJ KANA PHARMACEUTICALS, village Chistipur,
Digha, Patna through its Partner, uman Kumar, son
of Sri Brij Kishore Prasad, resident of Mohalla
Noorpur P.O.& P.S..Malsalami, Pastna.--Respondent.
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For the appellants : M/s Mukesh Kumar Thakur
Girijesh Kumar
For the respondent : Mr. Suman Kumar Jha.
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7. 04.9.2009. Heard learned counsel for the parties.
Pursuant to the order of this Court passed on 13.5.2009, the Bihar State Financial Corporation (hereinafter referred to as the 'Corporation') has issued a letter dated 10.6.2009 (Annexure-A to the counter affidavit of the respondent). That letter shows that the Corporation raised a demand of Rs.13,04,662/- which is required to be paid by the respondent within 90 days from the date of the issuance of the letter.
The affidavit filed on behalf of the respondent raised some question marks about the charging of interest of Rs.68288/-, but since that is in accordance with the direction of this Court dated 13.5.2009, hence, on behalf of the respondent, it has been accepted before us that the respondent is prepared to accept the offer of the Corporation contained in letter dated 10.8.2009 (Annexure-A). According to the affidavit 2 and submissions advanced before us is that the respondent has undertaken to pay Rs.5 lacs by 10th September, 2009, i.e. within 90 days from the date of issuance of Annexure-A. The remaining amount of Rs.8,04,662/- as per undertaking of the respondent, shall be paid by 10th December, 2009 or sooner.
We make it clear that in accordance with the spirit of offer by the Corporation in Annexure-A, the aforesaid balance amount of Rs.8,04,662/- shall be payable along with interest at the rate of 14 % per annum from 11th September, 2009 till the date of payment. If the balance amount is not paid by December, 2009, in that case, the corporation will be at liberty to revive this matter and demand higher rate of interest by filing a simple application before this Court.
It goes without saying that once the final payment is made as per this order, the Corporation will give back the security or other documents which a borrower is entitled in the event of liquidity of the entire loan amount, without any delay.
This appeal is finally disposed of.
(Shiva Kirti Singh,J.)
ahk (Jyoti Saran,J.)
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