Back
2022 Supreme(Pat) 673
IN THE HIGH COURT OF JUDICATURE AT PATNA
SANJEEV PRAKASH SHARMA, J.
Company Petition No.3 of 1984, Item No. (I):- I.A. Nos. 306/2021, 313/2022, 315/2022 and 317/2022 with O.L.R. No. 96/2022 and 105/2022 Including I.A. Nos. 3289/2007, 4048/2007, 4204/2007, 7650/2008, 1714/2009, 3459/2009, 4873/2010 with 305/2021, 3167/2011, 5061/2011, 8991/2011, 2101/2011, 1823/2013, 9361/2013, 1371/2014, 3502/2014, 9482/2016, 3002/2017, 3167/2017, 276/2019, 296/2020, 314/2022, 318/2022, 319/2022, 320/2022 and 321/2022 with O.L.R. No. 2/2021
(14.10.2022)
Rohtas Industries Ltd. (In Liquidation)
For the Petitioner: M/s U.P. Singh, Sr. Adv., Binod Bihari Singh, Rakesh Narayan Singh.
For the Respondent: Mr. Official Liquidator
For the State : Mr. Ajit Kumar.
Headnote:
Companies Act, 1956 – Sections 456 and 471 – Disposal of assets of a company under liquidation – Only method and manner in which properties of company can be disposed of are by way of auction – Ex-employees or their legal heirs or representatives occupying the quarters/houses form a separate class and for disposal of property – Auction of properties amongst themselves alone can be organized without intervention of any third person – Open auction amongst same class of persons can be conducted by Official Liquidator – No Civil Court or Tribunal shall have any jurisdiction to entertain any suit or application with regard to possession or claim relating to properties – Directions issued to Official Liquidator in this direction. (Paras 15 to 19)
Sanjeev Prakash Sharma, J.—This order shall dispose of the various I.A.’s as numbered above preferred before this Court from time to time with similar prayer mainly to allow selling to the applicants, the quarters owned by the company and are presently occupied by the applicants.
2. In I.A. No. 306/2021, the applicant Rajiv Kumar Singh (family of ex-employee) claims quarter no. L/26 which he is occupying since 1970. In I.A. No. 4048/2007, the applicant Ashok Singh claims quarter no. MF/39 which he is occupying since 01.08.1989, applicant Bindeshwari Prasad Singh claims quarter no. N/8 which he is occupying since 01.01.2000, the applicant Mithilesh Singh claims quarter no. DRLR-4 which he is occupying since 01.01.1996 (presently occupied by outsider Bachan Sharma). In I.A. No. 4204/2007, the applicant Arvind Kumar Singh (family of ex-employee) claims quarter no. 1-DRL, the applicant Kishun Chand Verma claims quarter no. 2-DRL which he is occupying since 01.06.2001(presently occupied by outsider Shankar Prasad), the applicant Ram Kumar Singh claims quarter no. 9-DRL which he is occupying since 01.01.1996 (presently occupied by outsider Amit Kumar Khanna), the applicant Chandi Prasad Mishra claims quarter no. 57-DRL which he is occupying since 01.01.2000 (presently occupied by outsider K.P. Prasad), the applicant Raj Kapoor Singh claims quarter no. 42-DRL which has been locked by security since 22.09.2009, the applicant Parshuram Singh claims quarter no. 41-DRL which he is occupying since 01.01.2003 (presently occupied by outsider Kameshwar Yadav). In I.A. No. 3289/2007, 7650/2008, 1714/2009, 3459/2009, 2101/2011, the applicant Ajit Kumar Kashiwal claims common issue of quarter matters of ex-employees which they are occupying since their service period. In I.A No. 4873/2009, the applicant Umesh Kumar Rai claims quarter no. D-34 which he is occupying since 01.01.2004, the applicant Ghuran Singh claims quarter no. S-162 which he is occupying since 01.01.1998, the applicant Ajay Ojha claims quarter no. S-341 which he is occupying since 01.07.2001. In I.A No. 305/2021, the applicant Pushpa Ray claims quarter no. D-type-34 which she has been occupying since 01.01.2004. In I.A. No. 3167/2011, the applicant Gautam Kumar Mondal, claims quarter no. CE/23 which was allotted to M.K. Dubey working employee by the O.L. since 06.08.2018. In I.A. No. 5061/2011, the applicant Ashok Kumar Singh claims quarter no. K-25 which he is occupying since 01.01.2001 (presently occupied by his brother Umesh Kr. Singh). In I.A. No. 8991/2011, the applicant Ishwar Prasad claims quarter no. D-31 which has been sold vide order of this Court dated 06.07.2022. In I.A. No. 1823/2013, the applicant Shiv Shankar Tiwary claims quarter no. S-23 which has been sold vide order of this Court dated 06.07.2022. In I.A. No. 9361/2013, the applicant Prabhu Dayal Pandey claims quarter no. S-150 who is an exemployee occupying approximately since 1975. In I.A. No. 1371/2014, the applicant Rani Singh being outsider claims for sale/allotment of any quarter. In I.A. No. 3502/2014, the applicant Chandan Pd. Singh, claims quarter no. S-38 which he is occupying since 01.03.1999, the applicant Pramod Kumar Singh claims quarter no. SC-33 which he is occupying since 01.01.2001, the applicant Most. Heera Devi claims quarter no. S-12 which she is occupying since 01.02.1996, the applicant Sanjay Kumar claims quarter no. S-4 which he is occupying since 01.01.1996, the applicant Sunita Singh claims quarter no. M-3 which she is occupying since 01.01.1996. In I.A. No. 9482/2016, the applicant Sadhna Srivastava claims quarter no. D-12 which she is occupying since 01.01.1996. In I.A. No. 3002/2017, the applicant Dr. Om Prakash Lal claims quarter no. D-43 which he is occupying since 01.01.2000 (presently occupied by outsider Dr. Arvind Kumar Singh). In I.A. No. 276/2019, the applicant Ajay Raghav Mishra (family of exemployee) claims quarter no. JOF-44 which he is occupying since 1970. In I.A. No.
