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2015 DIGILAW 1223 (JHR)

Asha Jha v. State of Jharkhand

2015-10-05

SHREE CHANDRASHEKHAR

body2015
Order : Challenging order dated 22.10.2013 passed by the Managing Director, Bihar State Financial Corporation, the present writ petition has been filed. 2. The petitioner claims herself a partner in M/s Hempic KVR Metals, of which one Smt. Sarbjit Kaur was also a parter. A partnership agreement between the said Sarbjit Kaur and the petitioner was executed on 05.10.1999. Vide reference letter dated 04.09.1999 the respondentAIADA recognised the change in the name of the purchaser namely, M/s Hempic KVR Metals. It is stated that a dispute arose between the partners and accordingly, the petitioner filed petition under Section 9 of the Arbitration and Conciliation Act, 1996 which was registered as Misc. Case No. 02 of 2001. The petitioner also lodged a criminal case being Adityapur P.S. Case No. 78 of 2001 on 31.03.2001. 3. The learned counsel for the petitioner submits that, in Misc. Case No. 02 of 2001 an order was passed on 05.09.2001 restraining respondent no. 5 and a direction was issued to the Adityapur police to ensure the entry of the petitioner in the factory premises. Referring to decision of the Hon'ble Supreme Court in “Kerala Fianancial Corporation Vs. Vincent Paul and Another”, (2011) 4 SCC 171 , the learned counsel for the petitioner submits that, till the Bihar State Financial Corporation frames Rules, the property of the partnership firm could not have been put in auction. 4. Per contra, the learned counsel for the respondentBihar State Financial Corporation submits that, the respondentB.S.F.C has its own guidelines for auction. It is stated that the assets of M/s Hempic KVR Metals was put on auction to realize the outstanding dues of the Bihar State Financial Corporation. 5. From a reading of the writ petition it is apparent that there was a dispute between the partners of M/s Hempic KVR Metals of which the petitioner claims herself one of the partners. The matter in Misc Case No. 02 of 2001 travelled to this Court in M.A. No. 228 of 2001 which was disposed of vide order dated 26.08.2002. The order passed by this Court in M.A. No. 228 of 2001 discloses that order in application under Section 9 of the Arbitration and Conciliation Act, 1996 was passed exparte, without affording opportunity of hearing to the said Smt. Sarbjit Kaurrespondent no. 5. The grievance of the petitioner is mainly against respondent no. The order passed by this Court in M.A. No. 228 of 2001 discloses that order in application under Section 9 of the Arbitration and Conciliation Act, 1996 was passed exparte, without affording opportunity of hearing to the said Smt. Sarbjit Kaurrespondent no. 5. The grievance of the petitioner is mainly against respondent no. 5 against whom the writ petition is not maintainable. A perusal of order dated 22.10.2013 discloses that the assets of M/S Hempic KVR Metals have already been sold to one M/s. Jaimatadi Enterprises. Order dated 22.10.2013 contains the terms and conditions of sale in favour of M/s Jaimatadi Enterprises. The petitioner has not disclosed any infirmity in the auction sale. The properties of M/s Hempic KVR Metals was put on auction to realize the outstanding dues of Bihar State Financial Corporation. However, the petitioner has suppressed the aforesaid facts in the writ petition. The petitioner has not disclosed when a notice for recall of loan was issued by the respondentB.S.F.C. It has not been disclosed when the notice for auction was published in the newspaper. The details of outstanding dues have not been disclosed by the petitioner in the present writ petition. I find that the writ petition suffers from suppressions of material facts and therefore, it warrants imposition of exemplary cost on the writ petitioner. 6. Accordingly, the writ petition is dismissed with cost of Rs. 5000/which shall be paid to the Jharkhand Legal Services Authority, Ranchi. 7. Let a copy of the order be sent to the member Secretary, Jharkhand Legal Services Authority, Ranchi.