Patna High Court - Orders
Braj Kishore Srivastava vs Standard Saving & Invest.Co.Lt on 8 January, 2015
Author: Mihir Kumar Jha
Bench: Mihir Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Company Petition No.11 of 1998
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In the matter of Standard Saving & Invest.Co.Ltd.
(In Liquidation)
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CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA
ORAL ORDER
106 08-01-2015Item No.(i) Before this Court would go into the merits of the issue raised in I.A.No. 4337/2007, it would be necessary to call for a verification report from the Collector/ Circle Officer, Bhagalpur as with regard to a piece of land measuring 395 Sq.ft. ((23' N-S x 17' E-W) situated at Mohalla Mohaddipur, Champa Nala Road, Thana- Nath Nagar under Bhagalpur Municipal Board appertaining to Ward No.7, Circle No.12, Holding No.9 butted and bounded North- Jitan Sah, South- Nala, East- Ambika Devi, West- Ajay Kumar. The Collector/ Circle Officer, Bhagalpur having made verification of the aforesaid piece of land will also submit correct status report thereof.
Put up this item again after receipt of the aforementioned report.
Let a copy of this order be sent to the Collector of Bhagalpur District alongwith a copy of the report of the Official Liquidator dated 5.3.2009 (Flag-29).
This Court would request Mr. Partha Sarthy, learned Patna High Court COM PET No.11 of 1998 (107) dt.08-01-2015 2 G.A.11 to not only convey the aforementioned order but also take further instructions as with regard to the aforementioned verification report.
Item No.(ii) Heard Official Liquidator as with regard to the prayer made in OLR No.44/2014 which reads as follows:
"a) Directions may be given to the District Administration to take steps for taking forcibly possession by evicting of occupiers as stated in the para 12 of the report and hand over possession to the Official Liquidator.
b) Approve the no. of Security personnel deployed to protect property and payment of salary from establishment fund till realization assets of the company."
It is not in doubt that Vridhishree Hotels Limited has purchased the building, its fixture and furniture of the company under liquidation, namely, M/s Standard Saving & Investment Co. Ltd.. Such purchase of the building and fixture on 24.8.1998 made after the petition for filing of winding of the aforesaid company under liquidation, presented on 16.8.1998, the Company Judge by his reasoned order dated 15.5.2014 had set aside the same and in the operative portion of the aforesaid order it was held as follows:
"In the aforesaid circumstances, the prayer of O.L. is allowed and all the four sale deeds and the Agreement for Sale of furniture and fixture are declared to be null and void. The purchaser M/s Vridhishree Hotels Ltd. is Patna High Court COM PET No.11 of 1998 (107) dt.08-01-2015 3 directed to hand over peaceful possession of the said property to the Official Liquidator forthwith and in any case within a period of two weeks from today."
The aforesaid order of the Company Judge having been not complied within the specified period, both Vridhishree Hotels and its Managing Director Akhileshwar Kumar Srivastava have become liable for being proceeded and punished for causing willful violation of the direction of this Court as with regard to handing over of the possession of their entire premises with furniture and fixture, namely, H.C.Building.
Let it be noted that as against the aforementioned order dated 15.5.2014 of the Company Judge though an appeal was filed by Vridhishree Hotels and its Managing Director Akhileshwar Kumar Srivastava the same was also dismissed in limine by an order dated 31.7.2014 which in turn would give no scope to the purchasers to remain in continued possession of H.C.Building.
Thus when the learned counsel for Vridhishree Hotels and its Managing Director Akhileshwar Kumar Srivastava has also been conspicuously absent today, this Court will have now no other option but to direct the Collector of the District to take possession of HC Building if necessary by also evicting any and every occupier thereof within a period of one month from the date of receipt of this order. The Collector of Patna District having Patna High Court COM PET No.11 of 1998 (107) dt.08-01-2015 4 taken possession of H.C.Building shall also submit his report to this Court.
Let a copy of this order alongwith a copy of OLR No.44/2014 be also given to Mr. Partha Sarthy, learned GA11 for its communication to the Collector of Patna District.
Additionally, issue notice of contempt against Mr. A.K.Srivastava both in capacity of the Managing Director of Vridhishree Hotels and in his personal capacity directing him to file a show cause reply as to why he should not be proceeded and punished for causing wilful violation of the direction given in the order of this Court dated 15.5.2014.
Requisites both under ordinary process and registered cover with A/D shall be filed by the Official Liquidator within a period of one week.
(Mihir Kumar Jha, J) surendra/-
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