M/S Vishwa Infrastructures And Services Private Limited, v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5702 of 2022 ====================================================== 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-500016 through its authorized representative namely R. Srikanth, aged about 42 years, Gender-Male, Son of R. Yadagiri, Resident of House No. 6-6-269/88, Arun Jyothi Colony, Gandhi Nagar, Police Station - Gandhi Nagar, Secunderabad, Hyderabad, Telangana.

... ... Petitioner/s

Versus

1.

The State of Bihar, through the District Magistrate, District - Supaul. 2.

The District Magistrate, Supaul, District - Supaul. 3.

The Certificate Officer, Supaul, District - Supaul. 4.

The Additional Collector, Supaul.

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, Advocate Mr.Rajeev Shekhar, Advocate For the Respondent/s :

Mr. S.Raza Hamad, AAG 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 13-12-2022 Heard learned counsel for the parties.

2/5 Petitioner has prayed for following relief (s) : - "i) To issue a Writ in the nature of Certiorari for quashing the Certificate Case No.68 /2018 including the entire Certificate proceeding having been initiated against the petitioner 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 order dated 10.08.2021 as contained in Certificate Case No.68 of 2018 as the issues raised by the petitioner company qua initiation of Corporate Insolvency Resolution Process has not been looked into much less considered and also 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.

iii) To any other relief or reliefs to which the petitioner is entitled in the facts and circumstances of the case."

Learned counsel invites our attention to the impugned order dated 10.08.2021 (Annexure-4, Page-44) passed by the District Certificate Officer, Supaul in Certificate Case No. 68 of 2018.

We notice that the jurisdictional issue and

3/5 maintainability of the proceedings, under the Debt Recovery Act, though raised by the petitioner, was neither considered nor dealt with by the appropriate authority. The jurisdictional issue ought to have been decided in view of the objection application (Annexure-2, Page 35) filed by the petitioner. We also notice that in similar situation, a coordinate Bench of this Court in CWJC No. 8040 of 2022, titled as M/s Vishwa Infrastructures and Services Private Limited Vs. The State of Bihar & Ors., directed the petitioner herein to file a fresh objection under Section 9 of the Act.

Under these circumstances, we quash and set aside the impugned order dated 10.08.2021 (Annexure-4, Page-44) passed by the District Certificate Officer, Supaul with the direction to the petitioner to appear before the authority on 28.12.2022 at 10:30 A.M., along with a copy of this order, on which date additional material in support of the application shall be filed, or else file a fresh petition under Section 9 of the Bihar & Orissa Public Demand Recovery Act, should the need so arise.

The appropriate authority shall consider and dispose of the petitioner's petition expeditiously, by a reasoned and

4/5 speaking order, preferably within a period of three months from the date of appearance of the petitioner before him and till then no coercive steps be taken against the petitioner. The authority shall also examine as to whether the amount in question falls within the definition of public demand or not.

Needless to add, while considering such petition, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. Order assigning reasons shall be supplied to the parties.

Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. Liberty reserved to the petitioner to challenge the order passed by the appropriate authority, before the appropriate forum, if so required and desired. We have not expressed any opinion on merits. All

5/5 issues are left open;

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 16.12.2022 Transmission Date