Sushil Kumar Dixit v. M/S Rohtas Industries Ltd. (In Liquidation),

IN THE HIGH COURT OF JUDICATURE AT PATNA

COMPANY APPEAL(DB) No.4 of 2024 In COMPANY PETITION No.3 of 1984 ====================================================== Sushil Kumar Dixit ... ... Appellant/s

Versus

M/s Rohtas industries Ltd. (in liquidation), ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Aditya Dev, Adv.

For the Respondent/s :

Mr.Gautam Kejriwal, Mr.Alok Kumar Jha, Mr.Mukund Kumar, Mr.Aditya Raman & Mr.Akash Kumar, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 20-08-2024 Office has raised an objection relating to maintainability of the Comp. Appeal (DB) No. 4 of 2024 on behalf of the appellants, Sushil Kumar Dixit & Ors.

2. It is admitted fact that Sushil Kumar Dixit & Ors., who are not parties to the company petition, therefore, the present company appeal is not maintainable. First they have to establish that they have a locus in the company petition before the company judge then only appellants can be treated as proper or necessary parties to the lis. In absence of such process, the

Patna High Court COMP. APP.(DB) No.4 of 2024(3) dt.20-08-2024 2/2 present Comp. Appeal (DB) No. 4 of 2024 by Sushil Kumar Dixit and others is not maintainable. Accordingly, Comp. Appeal (DB) No. 4 of 2024 is not maintainable and it is dismissed. Pending I.As, if any, stands dismissed. (P. B. Bajanthri, J) ( Alok Kumar Pandey, J) mcv/- U