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Patna High CourtCOMP. APP.(DB)/12/2015disposed

Vridhishree Hotels Ltd And ANR v. The Official Liquidator And ORS

2017-01-31Mr. Justice Sudhir Singh,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Company Appeal (DB) No.12 of 2015 Arising out of Miscellaneous Jurisdiction Case No. 570 of 2015 ===========================================================

1. Vridhishree Hotels Ltd. through the 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.

.... .... Respondents-Petitioners- Appellant/s

Versus

1. The Official Liquidators, Standard Saving and Investments Co. Ltd, (in Liquidtion) Mourya Lok Complex, Bailey Road, Patna. ... .. Petitioner-Respondent-Respondent

2. 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, DistrictBhagalpur. .

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

.... .... Respondents- Respondents-Respondents =========================================================== Appearance :

For the Appellant/s : Mr. Amrendra Kumar, Advocate For the Official Liquidator : Mr. Gautam Kejriwal, Advocate =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE Date: 31-01-2017 The appellants are the purchasers from the Company now in liquidation. The learned Company Judge ordered for handing over the possession of assets of the Company in liquidation to the Official Liquidator by an order dated 8th January, 2015. An application filed by the appellants for recall of the said order was dismissed vide the order impugned in the present appeal.

Patna High Court COMP. APP.(DB) No.12 of 2015 dt.31-01-2017 2/2 Learned counsel for the Official Liquidator states that in terms of the order dated 8th January, 2015, the physical possession of the assets of the Company in question, particularly, the buildings of the Company in liquidation has been taken over and therefore, the present appeal does not survive.

Learned counsel appearing for the appellants states that the record of the case was taken by the appellants long time back.

In view thereof, the present appeal is dismissed as having rendered infructuous.

(Hemant Gupta, ACJ) (Sudhir Singh, J) Sunil/- AFR/NAFR N. A. F. R.

CAV DATE N. A.

Uploading Date 03.02.2017 Transmission Date