Patna High Court
Awadh Kishore Prasad,versusBihar State Minorities Financial Corporation Ltd.,
- Decided
- Disposal
- DISMISSED
- Bench
- RITESH KUMAR
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/-
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