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2022 Supreme(Pat) 697

SANJAY KAROL, PARTHA SARTHY
M. L. Sridhar Reddy – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Sanjeev Kumar, Rajeev Shekhar.
For the Respondent: Mr. Arvind Ujjwal.

Sanjay Karol, CJ.—Heard learned counsel for the parties. Petitioner has prayed for the following relief(s):—

(i) To issue a Writ in the nature of Certiorari for quashing the Recovery Notice in the form of Final Warning Notice dated 14.05.2022 for recovery of alleged dues to the tune of Rs.1,42,06,000/- issued by the District Certificate Officer, Bettiah against the petitioner in Certificate Case No.11 /2017-18 failing which the bailable warrant be issued including the entire Certificate proceeding having been initiated against the petitioner as same is in teeth of law laid down by Hon'ble Supreme Court in case of "Ghanshyam Mishra and Sons Private Limited through the Authorized Signatory v/s Edelweiss Asset Reconstruction Company Limited through the Director and ors", decided on 13.04.2021 and the provisions of Insolvency and Bankruptcy Code, 2016, rendering the same as wholly without jurisdiction.

(ii) To any other relief or reliefs to which the petitioner is entitled in the facts and circumstances of the case.”

2. Learned counsel invites our attention to the impugned order dated 24.03.2022 (Annexure-3, Page-52) and notice dated 14.05.2022 (Annexure-4 Page 56) passed by the District

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