PRAVEEN KUMAR vs THE STATE OF HIMACHAL PRADESH - 2024-02-01

O R D E R

1. The present petitions have been filed by 38 petitioners being aggrieved by the common judgement dated 02nd January, 2018 passed by the Division Bench of the High Court of Himachal Pradesh at Shimla disposing of the writ petitions1 filed by them with liberty granted to the 1 CWP No.162/2017 and WP No.1661/2016 petitioners herein to approach the appropriate authorities under the concerned Statutes for redressal of their grievances, as raised in the petitions and with directions to the appropriate authorities to decide their representations as expeditiously as possible.

2. It was noticed by the Division Bench that the units set up by the respondent No.10-M/s. Stesalit Private Limited were closed for a long time and the Company was passing through a financial crisis. At the same time, it was observed that the Company was under a legal obligation to comply with all the relevant Statutes. It was in this background that the Court had granted liberty to the petitioners to approach the appropriate authorities under the relevant Statutes.

3. Much water has flown under the bridge ever since. During the pendency of the present proceedings, the applicants have moved applications2 seeking impleadment of Shri Samir Kumar Bhattacharya, Resolution Professional, River Rail JV and Shri Atul Mittal, Resolution Professional.

4. Application for impleadment is allowed in respect of the proposed applicant-M/s. River Rail JV only. Cause title be amended accordingly.

5. Learned counsel appearing for M/s. River Rail JV submits that his client has taken over the respondent No.10 in terms of the approval of the Resolution plan by the Adjudicating Authority, vide order dated 20th July, 2 IA No.161190/2018 and IA 161214/2018 in Petitions for Special Leave to Appeal (Civil) No.5490/2018 and 5487/2018 respectively 2018.

6. Learned counsel for the petitioners is directed to file all the relevant documents in support of the above-said submission and clarify as to whether the petitioners/trade unions in question had approached the CIRP with their claims and if so, whether the said claims were accommodated and to what extent.

7. Needful shall be done within two weeks with a copy to the counsel for the petitioners and the remaining respondents.

8. List on 04th March, 2024.

(Geeta Ahuja) (Nand Kishor)

Assistant Registrar-cum-PS Court Master (NSH)