Once a company is under liquidation, recovery proceedings must be directed towards the resolution professional and cannot be pursued against the company directly.

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 15-12-2025 1. The petitioner has filed the present writ application for quashing the Certificate Case No. 03 & 04 / 2018-19 and issuance of warrant of arrest by the District Certificate Officer, Darbhanga in the aforesaid case.

2. Mr. Sanjeev Kumar, learned counsel for the petitioner submits that Certificate Case No. 03 & 04 / 2018-19 was filed for recovery of a sum of Rs. 42,56,000/- towards non performance of contract. The petitioner-company was under liquidation before the NCLT, Hyderabad. The resolution professional was appointed. Subsequently, the petitioner- company has been sold to the successful bidder namely IndVis Holdings Pvt. Ltd. Once the company has been under liquidation and sold to the third party, the authorities cannot initiate any proceeding against the petitioner-company for recovery of the amount by way of Public Demands Recovery Act . The only remedy available to the creditor, if any, was to approach the resolution professional and file their claim before the said resolution professional at the relevant point of time. The case of the petitioner is fully covered by a judgment of the Hon’ble Supreme Court reported in (2021) 9 SCC 657 ( Ghanshyam Mishra & Sons Pvt. Ltd. Versus Edelweiss Asset Reconstruction Company Limited through the Director & Ors.). This court in similar circumstances with regard to Madhubani district has quashed entire certificate proceedings in CWJC No. 17616 / 2023 dated 04.11.2025. The present case relates to work done by the petitioner in Darbhanga district. The petitioner-

company is same in both the cases.

3. Learned counsel for the State prays for six weeks time to file counter affidavit.

4. As prayed for, put up this case after six weeks on

29.01.2026 within top 05 cases.

5. Till further order, further proceedings in Certificate Case No. 03 & 04 / 2018-19 including warrant of arrest at Annexure-

P/2 & P/3 shall remain stayed.