IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17732 of 2025 ======================================================

M/s Vishwa Infrastructures and Services Private Limited having its registered office at 1-11-256/C/24, Plot No. 24, Gagan Vihar Colony, Begumpet, Hyderabad, Telengana-500016 through its authorized signatory namely Rachmalla Srikanth (Male), aged about 45 years, Son of R. Yadagiri, resident of House No. 6-6-269/88, Arun Jyothi Colony, Gandhi Nagar, Police Station-

Gandhi Nagar, Secunderabad, Hyderabad, Telengana.

... ... Petitioner/s Versus

1. The State of Bihar through the District Magistrate, District-Darbhanga.

2. The District Magistrate, Darbhanga, District-Darbhanga. 3. The Certificate Officer, Darbhanga, District-Darbhanga.

4. The Additional Collector, Darbhanga.

5. The Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna.

6. The Engineer in Chief, Public Health Engineering Department, Government of Bihar, Patna.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Pravashankar Mishra, Adv.

For the Respondent/s : Mr. Government Pleader 22 ======================================================

CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY

ORAL JUDGMENT

Date : 18-02-2026 Heard the learned counsel for the parties.

2. This writ petition has been filed for the following relief(s):-

“i) To issue a Writ in the nature of Certiorari for quashing the Certificate Case No.03 & 04/2018-19 having been initiated against the petitioner company as same is in teeth of law laid down by Hon'ble Supreme Court and the provisions of Insolvency and Bankruptcy Code, 2016, rendering the same as wholly without jurisdiction.

ii) To issue a Writ in the nature of Certiorari for quashing the Warrant of Arrest issued by the District Certificate Officer, Darbhanga in Certificate Case No.03 & 04/2018-

19.”

3. Learned counsel appearing on behalf of the petitioner submits that the initiation of the Certificate Case No. 03 & 04/2018-19 filed for recovery of Rs. 42,56,000/- is one without jurisdiction and the same is liable to be quashed. Learned counsel submits that the petitioner company was under liquidation before the NCLT, Hyderabad wherein a Resolution Professional was appointed. Thereafter, the petitioner company has been sold to the successful bidder, namely, IndVis Holdings Pvt. Ltd. Learned counsel submits that once a company has come under liquidation and a Resolution Professional has been appointed and the properties of the company are sold and third party interest is executed, the initiation of certificate proceedings against the original company by any of its creditors or by the respondents herein is not permissible under the law. Learned counsel submits that the initiation of the certificate case proceedings against the petitioner under the Bihar & Orissa Public Demand Recovery Act, 1914 is contrary to the scheme of the things enumerated under the Insolvency and Bankruptcy Code, 2016. Learned counsel submits that if any amounts are due by the original company under liquidation, the only remedy available to the creditors or any authority is to file a claim petition before the Resolution Professional. Once the company is sold, any claim by any creditor, authority or agency cannot be entertained. Learned counsel submits that the matter is squarely covered by judgment of this Hon’ble Court passed in C.W.J.C. No. 17616 of 2023 dated 04.11.2025 and also the judgment of the Hon’ble Supreme Court reported in 2021 9 SCC 657 (Ghanshyam Mishra and Sons Private Limited V/s Edelweiss Asset Reconstruction Company Limited through the Director and Ors.). Learned counsel submits that the initiation of the certificate proceedings by the Certificate Officer, Darbhanga has to be necessarily quashed as one without jurisdiction, illegal and contrary to the provisions of the Insolvency and Bankruptcy Code, 2016.

4. Per contra, the learned counsel ap