Sushila Singh v. M/S Rohtas Industries Ltd. (In Liquidation),

IN THE HIGH COURT OF JUDICATURE AT PATNA

COMPANY APPEAL(DB) No.3 of 2023 In COMPANY PETITION No.3 of 1984 ====================================================== 1.

Sushila Singh, Wife of Late Bishwa Nath Singh, Resident of Senior Officers Bunglow, No. 6, Dalmianagar, P.S. Dehri on Sone, District Rohtas, Bihar. 2.

Lal Muni Kumari, Wife of Sri. Tilakdhari Singh, Resident of Senior Officers Bunglow, No. 17, Dalmianagar, P.S. Dehri on Sone, District Rohtas, Bihar. 3.

Gayatri Devi, Wife of Late Ashok Kumar Singh, Resident of Senior Officers Bunglow, No. 16, Dalmianagar, P.S. Dehri on Sone, District Rohtas, Bihar. 4.

Harendra Singh, Son of Late Ram Govind Singh, Resident of D-67, , Dalmianagar, P.S. Dehri on Sone, District Rohtas, Bihar. ... ... Appellant/s

Versus

M/s Rohtas Industries Ltd. (in Liquidation), through the Official Liquidator, patna High Court having its office situated at 4th Floor, Block-A, Maurya Lok Complex, Dak Bungalow Road, P.S. Kotwali, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Mrigank Mauli, Sr. Advocate Mr. Avinash Shekhar, Advocate For the Respondent/s :

Mr. Gautam Kumar Kejriwal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 18-08-2023 The present company appeal is filed against the order of the Company Judge dated 23.03.2023 passed in Company Petition No. 3 of 1984 in respect of I.A. No. 329 of 2022 with OLR 18 of 2023 (Item No.III).

2. Prima facie, the present company appeal is bereft of any reason in absence of recalling or modifying the order dated 17.11.2022 passed in Company Petition No. 3 of 1984 in respect

Patna High Court COMP. APP.(DB) No.3 of 2023(5) dt.18-08-2023 2/2 of quarters matters at Dalmianagar of the company under liquidation. Therefore, there is no error committed by the Company Judge while deciding I.A. No. 329 of 2022 with O.L.R. 18 of 2023. No doubt a number of documents have been placed on record in I.A. No. 329 of 2022 but at the same time, Company Judge's hands are tied in the light of earlier order passed on 14.10.2022 read with modified order dated 17.11.2022.

2. Accordingly, the present company appeal stands dismissed, reserving liberty to the appellant to file review petition or any other statutory remedy available to the appellant to modify the aforementioned orders of the Company Judge orders dated 14.10.2022 and 17.11.2022.

(P. B. Bajanthri, J) ( Arun Kumar Jha, J) Balmukund/- DKS/- U