- (1.) AS both the appeals have been preferred against the common judgment dated 6th December 2005 passed in WP (C) No. 5305 of 2005, they were heard together and are being disposed of by this common order.
(2.) THE appellant, Subodh Kumar Sharma taken loan from Bihar State Financial Corporation (hereinafter referred to as the Corporation) in between 1983 and 1985. The Corporation initially released a sum of Rs. 1,27,500/ - (one lakh twenty seven thousand five hundred) followed by a sum of Rs. 44,100/ - (forty four thousand one hundred) in favour of Subodh Kumar Sharma. The Government of Bihar from Department of Industry, later on, sanctioned a sum of Rs. 23,100/ - (twenty three thousand one hundred) on 6th January, 1986 as subsidy amount. It was deposited in the account of the Corporation but, according to Subodh Kumar Sharma, it was not released in his favour. The case of appellant, Subodh Kumar Sharma is that a sum of Rs. 1,91,908/ -(one lakh ninety one thousand nine hundred eight) has already been deposited by him by 17th March, 1992 but rest of the amount could not be deposited on account of unavoidable circumstances. In pursuance of One Time Settlement Scheme (hereinafter referred to as OTS Scheme), he obtained a Form and applied on 13th May, 2005 of one time settlement. As per the Scheme, 30% of the outstanding dues it deposited in one lump sum or in four equal quarterly installments with interest, one can take the benefit of OTS Scheme. The benefit of OTS Scheme in his case was allowed and it was shown that a sum of Rs, 20,18,976/ - (twenty lakhs eighteen thousand nine hundred seventy six) was outstanding.
(3.) ACCORDING to counsel for the appellant, Subodh Kumar Sharma. 30% of the outstanding dues of Rs. 20,18,976/ - comes to Rs. 6.05,692.80/ - paise (six lakhs five thousand six hundred ninety two and eighty paise). The grievance of Subodh Kumar Sharma is that the Corporation while settled the claim under OTS Scheme, instead of Rs. 6.05,692.80/ - paise. they have demanded a sum of Rs. 7,15,029/ -(seven lakhs fifteen thousand twenty nine). Thus, his grievance is only with regard to quantum of demand made by the Corporation while the benefit under OTS Scheme has been allowed.;