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Patna High Court - Orders

Harisons Continental Private Limited, ... vs The State Of Bihar, Through Principal ... on 25 August, 2022

Author: Rajeev Ranjan Prasad

Bench: Rajeev Ranjan Prasad

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Criminal Writ Jurisdiction Case No.346 of 2022
                 ======================================================
           1.     Harisons Continental Private Limited, A company registered under the
                  Companies Act, 1956, Having its registered office at A/40 Housing Colony
                  Kankarbag, P.S.- Kankarbag, District - Patna, Through its director, Saurav
                  Prakash, Aged about 29 years, Resident of A/40, Housing Colony, Housing
                  Colony, Resident of Kankarbag, Patna, Bihar Pin 800020.
           2.    Pratibha Advertising Private Ltd., A Company registered under the
                 Companies Act, 1956, Having its Registered office at 432, 4th floor, Adision
                 Arcade, Frazer Road, P.S.- Gandhi Maidan, District - Patna, Through its duly
                 authorized one of its director, Gaurav Prakash, Aged about 28 (Male), Son of
                 Sri Anant Prakash, Resident of A/40, Housing Colony, Kankarbagh, P.S.-
                 Kankarbagh, District - Patna - 800020.
                                                                             ... ... Petitioners
                                                     Versus
           1.    The State of Bihar, Through Principal Secretary, Home, Government of
                 Bihar, Old Secretariat, Patna.
           2.    The Principal Secretary, Home, Government of Bihar, Old Secretariat, Patna.
           3.    The Director General of Police, Bihar
           4.    The Superintendent of Police, Patna.
           5.    The Deputy Superintendent of Police, Patna.
           6.    The Officer In charge Kotwali Police Station, Patna
           7.     Kraft outdoor Media Pvt. Ltd, A company registered under Companies Act,
                  Having its office at 5th Floor, Abhay Bhawan, Fraser Road, P.S.- Kotwali,
                  District - Patna - 1, Through its Director Manish Kumar, Son of Late Mohan
                  Prasad, Resident of 3-D Shumbha Complex, West Boring Canal Road, Patna
                  800001
                                                                            ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. P. N. Shahi, Sr. Advocate
                                               Mr. Avinash Shekhar, Advocate
                 For the Respondent/s   :      Mr. Saroj Kumar Sharma, AC to AAG 3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                                       ORAL ORDER

9   25-08-2022

While hearing this case, this Court came to know that the property in question was leased out by one Mr. Jagdish Prasad (since deceased) to M/s Jai Mangal Limited. The said Jai Mangal Limited mortgaged the land and secured loans from

(i) Central Bank of India and (ii) the Bihar State Credit and Patna High Court CR. WJC No.346 of 2022(9) dt.25-08-2022 2/2 Investment Corporation (BICICO) both having pari-passu charge over the land and building in question. Later on, at the instance of the creditor a winding up proceeding was initiated giving rise to Company Petition No. 10 of 1996 in the Court of Hon'ble Company Judge.

Learned counsel for the petitioner has pointed out that the winding up proceeding was closed vide order dated 18.12.2014 by the Hon'ble Company Court.

Let the said order of the Hon'ble Company Court be brought on the record. Learned counsel for the parties shall verify the up-to-date position of the said company petition and inform this Court before proceeding further.

As prayed, list this matter after two weeks i.e. on 8 th September, 2021 under the same heading maintaining its position.

(Rajeev Ranjan Prasad, J) SUSHMA2/-

U Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.