Harinagar Sugar Mills Ltd. vs The State Of Bihar & Ors on 17 February, 2016

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Patna High Court - Orders

Harinagar Sugar Mills Ltd. vs The State Of Bihar & Ors on 17 February, 2016

Bench: Ahsanuddin Amanullah

   IN THE HIGH COURT OF JUDICATURE AT PATNA
              Civil Writ Jurisdiction Case No.17148 of 2015
======================================================
Harinagar Sugar Mills Ltd., a company registered under the provision of the

Indian Companies Act, 1956, having its registered office at 207, Kalbadevi

Road, Mumbai and its Sugar Factory at Harinagar, P.O.- Harinagar, P.S.-

Ramnagar, District- West Champaran through its Chief General Manager,

S.L. Baheti, son of Late Puran Mal Baheti and General Manager (Finance)

G.K. Chandak, son of Late Mangi Lal Chandak, Both resident of Harinagar

Sugar Mill Compund P.O. Harinagar P.S. Ramnagar and District- West

Champaran, holders of power of attorney on behalf of the Company.

                                                      .... ....   Petitioner/s
                                  Versus

1. The State of Bihar.

2. The Cane Commissioner, Sugercane Industries Department, Government

of Bihar, New Secretariat, Patna-1.

3. The Joint Cane Commissioner, Sugarcane Industries Department,

Government of Bihar, New Secretariat, Patna-1.

4. M/s HPCL Biofuels Limited, NH-28B, Lauriya- Bagaha Road, Lauriya-

845453, District West Champaran (Bihar) through its General Manager.

                                                     .... .... Respondent/s
======================================================
Appearance :
For the Petitioner/s     :
For the Respondent/s     :
======================================================
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH


                              ORAL ORDER
            Patna High Court CWJC No.17148 of 2015 (3) dt.17-02-2016

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3       17-02-2016

Learned counsel for the parties are present.

After detailed hearing, when the Court was about to proceed with passing orders, learned counsel for the respondent no. 4 submits that he has received instructions last evening which requires him to file counter affidavit in the case.

In view of the aforesaid, though, the Court is of the opinion that such indulgence was not required, as the matter was heard on more than two occasions when no such prayer was made, still affords one opportunity to him. Accordingly, as prayed by learned counsel for the respondent no. 4, the matter be listed on 22nd February, 2016, retaining its position.

In the meantime, there shall be stay of the impugned order, as contained in Memo No. 2307 dated 24.09.2015, passed by the respondent no. 2 and status quo ante shall be maintained in terms of order contained in Memo No. 2155 dated 24.09.2014.

Learned counsel for the State shall ensure that the present order is duly complied with.

(Ahsanuddin Amanullah, J) Anjani/-

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