Patna High CourtMJC/2584/2017disposed

The Official Liquidator v. Vridhishree Hotels Ltd. And ORS

2017-09-13The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2584 of 2017 ====================================================== The Official Liquidator, standard saving and investment Co. Ltd. (in liquidation), Mourya Lok Complex, Bailey Road, Patna ... ... Petitioner/s

Versus

1. Vridhishree Hotels Ltd. Through its Managing Director, Akhileshwar Kumar Shrivastava, son of Late Bachoo Prasad, resident of H.C. Building Opposite of Kuber Hotel, Exhibition Road, Patna

2. Akhileshwar Kumar Shrivastava, Managing Director, Vridhishree Hotels Ltd. Son of Late Bachoo Prasad, resident of H.C. Building Opposite of Kuber Hotel, Exhibition Road, Patna

3. Sunil Kumar Sinha, Ex-Managing Director, Standard Saving and Investments Co. Ltd. Corporate Office, Radha Ram Sinha Road, Bhagalpur, P.S. - Kotwali, District- Bhagalpur, Registered Office at Gola Ghat Chowk, P.S. Barari, District- Bhagalpur

4. Braj Kishore Srivastava, son of Sri Shiv Shankar Prasad, at P.O. Piprahi Bazar, Sheohar, District- Sheohar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S.D. Sanjay, Sr. Advocate Mr. Gautam Kumar Kejriwal, Advocate For Respondents :

In person Mr. Surendra Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 13-09-2017 This application has been filed for modification of an order passed on 25.08.2017 in Company Appeal No. 1 of 2014. Having heard learned counsel for the parties, we modify the order passed on 25.08.2017 to the following extent:- The lock in the 3rd floor on the northern side which has been sealed by the police authorities in Case No. 151/13 registered on 24.04.2013 for various offences should not be

Patna High Court MJC No.2584 of 2017(2) dt.13-09-2017 2/3 opened and given to the appellants. As far as the prayer for removal of materials available in the ground floor belonging to Mohini Farms Pvt. Ltd. is concerned, the Official Liquidator with the help of two or three individuals to be nominated by him shall make an inventory of all the materials available which according to the Official Liquidator belongs to the said hotel. The inventory shall be prepared along with photographs and possession given to the appellants to use it during the pendency of the appeal. However, use of all these materials which belongs to M/s Mohini Farms Pvt. Ltd. shall be subject to final decision of this case and ultimately if any damage is caused to these materials during the period when it is in possession of the appellants, appellants shall be responsible for making good the damages.

With the aforesaid modification, this application stands disposed of.

In the original Company Appeal No. 1 of 2014 Sri Surendra Singh, learned counsel, appears and takes notice on behalf of Respondent Nos. 2 and 3, the Managing Director and Ex Managing Director of the Standard Savings & Investment Co. Ltd. A copy of the memorandum of appeal along with documents be given to Sri Surendra Singh who shall be

Patna High Court MJC No.2584 of 2017(2) dt.13-09-2017 3/3 prepared to argue the matter on the next date. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P.