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Patna High Court - Orders

Shree Janki Cold Storage Pvt. Ltd & Ors vs The Union Of India & Ors on 25 April, 2012

Author: Ramesh Kumar Datta

Bench: Ramesh Kumar Datta

      Patna High Court MJC No.2004 of 2011 (4) dt.25-04-2012




                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.2004 of 2011
                  ======================================================
                  Shree Janki Cold Storage Pvt. Ltd & Ors
                                                                      .... .... Petitioner/s
                                                    Versus
                  The Union Of India & Ors
                                                                     .... .... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s    : Mr. Surendra Kumar
                  For the Respondent/s     : Mr. Raghib Ahsan
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR
                  DATTA
                  ORAL ORDER

4   25-04-2012

I.A. No. 3318 of 2011 & I.A. No.2316 of 2012 Learned counsel for the petitioners submits that he is not pressing I.A. No.3318 of 2011, as for the same relief he has filed I.A. No.2316 of 2012 which he intends to press.

I.A. No.3318 of 2011 is, accordingly, dismissed as withdrawn with the liberty sought for.

I.A. No.2316 of 2012 has been filed for substituting the name of petitioner No.2 (Shyam Lal Mahto) who died on 9.10.2009 by his heirs and legal representatives and also for the representation of petitioner No.1, Shree Janki Cold Storage Pvt. Ltd., which is a company earlier represented through petitioner No.2 as a Director by the son of petitioner No.2, Rajesh Kumar, who is also a Director in the company.

In the facts and circumstances of the case, the prayer for substitution is allowed and it is directed that the name of Patna High Court MJC No.2004 of 2011 (4) dt.25-04-2012 petitioner No.2 (Shyam Lal Mahto) shall be expunged and in his place the names of his heirs and legal representatives, as stated in paragraph No.2 of the interlocutory application ( I.A. No.2316 of 2012), shall be substituted.

It is further directed that Rajesh Kumar, Director of petitioner No.1 company, shall represent the company in the proceedings and his name shall be substituted in place of Shyam Lal Mahto, Director, who has since died.

I.A. No.2316 of 2012 is, accordingly, disposed of.

(Ramesh Kumar Datta, J) V.P.Sinha/-