Patna High Court - Orders
The Bihar Industrial Area Development ... vs M/S Shirdi Foods Pvt. Ltd. Represented ... on 26 March, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1692 of 2024
In
Civil Writ Jurisdiction Case No.10482 of 2022
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The Bihar Industrial Area Development Authority (BAIDA), through the
Managing Director and Ors.
... ... Petitioners
Versus
M/s Shirdi Foods Pvt. Ltd. represented through its Director, Shivnath
Chaudhary and Ors.
... ... Opposite Parties
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Appearance :
For the Petitioner/s : Mr. Abu Nasar, Advocate
For the Opposite Party/s : Mr. Standing Counsel 9
: Mr. Ajay Prasad, Advocate
: Mr. Ajit Kumar Sinha, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
15 26-03-2025Prima facie, the respondents have committed contempt of court in the light of his own undertaking and it has been recorded by Co-ordinate Bench on 17.10.2022 while disposing CWJC No. 10482 of 2022 to the extent that within sixty days he would commence the unit. On the other hand, he has prima facie failed to start his unit as per his undertaking. There is no application for extension of time or modification of the order dated 17.10.2022 passed in CWJC No. 10482 of 2022. However, perusal of supplementary read with certain documents it is evident that he has undertaken certain action insofar as installation of generator and repair work of electricity only in Patna High Court MJC No.1692 of 2024(15) dt.26-03-2025 2/2 the months of February 2023 and March 2023. However, he has not produced any material to show that any production has commenced. That apart the BIADA-petitioners have inspected the unit on 10.01.2023 and as on that day unit has not commenced. Be that as it may, BIADA-petitioners are requested to inspect the subject matter of unit before the next date of hearing and submit report to the extent whether production has commenced or not. If the production has not commenced as on the date of BIADA's inspection in that event, we are compelled to pass order directing the petitioners to hand over the land to the BIADA. If the production has commenced as on the date of inspection in that event, we are compelled to impose exemplary fine for violating of respondent's undertaking before this Court on 17.10.2022 in CWJC No. 10482 of 2022.
2. Re-list this case on 09.04.2025.
(P. B. Bajanthri, J) ( Alok Kumar Sinha, J) GK Sinha/-
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