S.J.MUKHOPADHAYA, J. - (1.) This appeal has been preferred by the appellant Bihar State Financial Corporation, Patna ('BSFC' for short) against the judgment and order dated 5/07/2000, passed by the learned single Judge in C.W.J.C. No. 2170 of 1998(R). Learned single Judge by the impugned judgment has set aside the order dated 20/02/1998, subject to the condition that the petitioner/respondent No. 1 Santu Lal Gupta deposits a sum of Rs. 50,000/- (Rupees fifty thousand) within four weeks from the date of judgment, with a further direction to the appellant BSFC to serve a detailed calculation of the amount after such deposit. Regarding the rest amount, if ultimately found due, the petitioner/respondent No. 1 was directed to pay the same within six months from the date of service of calculation.
(2.) Counsel for the appellant has assailed the judgment and order mainly on the ground that it was based on erroneous ground, without taking into consideration the sale notice, published in the newspaper 'Hindustan Times, Patna' on 14/12/1995. Mr. A. Sahay, counsel for the appellant, submitted that in the tender notice for sale it was specifically mentioned that if no tender or no acceptable tender is received by the BSFC on the stipulated date for any particular unit, the BSFC shall continue to receive tenders against the same advertisement in the concerned Branch Office or Head Office of BSFC until an offer is accepted by the BSFC or dues of the BSFC is liquidated by the promoter.
(3.) It will be evident that the petitioner, a physically handicapped person, was sanctioned a sum of Rs. 50,000/- (Rupees fifty thousand) by the BSFC in the year, 1980, but out of that, a sum of Rs. 9,800/- (Rupees nine thousand and eight hundred) was disbursed in the year, 1981 and further a sum of Rs. 6,000/- (Rupees six thousand), out of such amount, was disbursed in the year, 1982. Accordingly a total amount of Rs. 15,800/- (Rupees fifteen thousand and eight hundred) was disbursed to the petitioner against the total sanctioned amount of Rs. 50,000/-. Subsequently, the petitioner having failed to pay the amount received, interests were added and within stipulated period, the same having not been paid, the sale notice in question was issued.;