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Patna High Court

Awadh Kishore Prasad,versusBihar State Minorities Financial Corporation Ltd.,

Decided
Disposal
DISMISSED

Holding

The contempt petition is dismissed as there is no evidence of non‑compliance with the earlier order.

Summary

The petitioner, Awadh Kishore Prasad, filed a contempt petition alleging that the respondents, Bihar State Minorities Financial Corporation Ltd. and its Managing Director, failed to comply with an order dated 21 September 2020 issued in Civil Writ Jurisdiction Case No. 4528 of 2020. The respondents contended that the petitioner had been given a hearing, consented to an independent audit, and that the audit report was subsequently provided to him. They further pointed to Memo No. 40 dated 8 January 2024, signed by the Managing Director, which rejected the petitioner’s claim and that of another claimant, Hem Chandra Mishra. The Court examined whether there was any material breach of the 2020 order that would justify contempt proceedings. Finding no basis for a finding of contempt, the Court dismissed the contempt petition, while allowing the petitioner the liberty to challenge the order in Memo No. 40 if he wishes. All pending applications, if any, were also ordered to stand disposed.

Issues considered

  • Whether the respondents’ actions constitute contempt for non‑compliance of the order dated 21‑09‑2020.
  • Whether the issuance of Memo No. 40 dated 08‑01‑2024 satisfies the requirements of the earlier court order.

Subjects

  • contempt of court
  • civil writ jurisdiction
  • non‑compliance
  • government undertaking
  • audit
  • order dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.1362 of 2021
                                                     In
                               Civil Writ Jurisdiction Case No.4528 of 2020
                 ======================================================
                 Awadh Kishore Prasad, Son of Late Nageshwar Prasad, Resident of Flat No.
                 302, Madhu Kunj Apartment, Nehru Nagar, P.S. Patliputra, Town and District
                 Patna-800013.

                                                                           ... ... Petitioner/s
                                                     Versus
           1.    Bihar State Minorities Financial Corporation Ltd., a Government of Bihar
                 Undertaking/Public Limited Company registered under the Companies Act,
                 1956 having its office at 34, Harding Road, Haz Bhawan, P.S. Sadhiwalayan,
                 town and District Patna through its Managing Director.
           2.    Md. Moizuddin, Managing Director, Bihar State Minorities Financial
                 Corporation Ltd., a Government of Bihar Undertaking/Public Limited
                 Company 34, Harding Road, Haz Bhawan, P.S. Sadhiwalayan, town and
                 District Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Siddhartha Prasad, Advocate
                 For the Opposite Party/s :    Mr. A. Jaipuriyar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

3   17-04-2026                    Heard the parties.

                                2. The present contempt petition has been file for non-

                   compliance of the order dated 21.09.2020 passed in C.W.J.C.

                   No. 4528 of 2020.

                                3. The learned counsel appearing on behalf of the

                   Opposite Party Nos. 1 & 2 by referring to 3 rd show cause filed

                   on behalf of the Opposite Party Nos. 1 & 2 submits that the

                   petitioner was given due opportunity of hearing and after his

                   consent, the matter was verified by independent auditor, and

                   thereafter, the same was provided to the petitioner. Pursuant
          Patna High Court MJC No.1362 of 2021(3) dt.17-04-2026
                                                      2/2




                    thereto, vide Memo No. 40 dated 08.01.2024, issued under the

                    signature of the Managing Director, Bihar State Minorities

                    Financial Corporation Limited, Patna a detailed order has been

                    passed, whereby the claim of the petitioner and one Hem

                    Chandra Mishra has been rejected.

                                 4. Considering the above, I do not find any reason to

                    proceed further with the present contempt petition.

                                 5. The present contempt petition is dismissed with a

                    liberty to the petitioner to assail the order contained in Memo

                    No. 40 dated 08.01.2024, if so advised.

                                 6. Pending application, if any, shall also stand

                    disposed of.



                                                (Ritesh Kumar, J)
AjayMishra/-

U


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