Alakh Niranjan Singh v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7903 of 2018 ====================================================== Alakh Niranjan Singh Son of Siya Ram Singh Resident of Haripur Colony, Digha Ghat, P.S. Digha, District - Patna.

... ... Petitioner/s

Versus

1.

The Union of India through the Principal Secretary, Ministry of Corporate Affairs, Government of India, New Delhi.

2.

The Secretary, Ministry of Corporate Affairs, Government of India, New Delhi.

3.

The Director, Central Bureau of Investigation, Govt. of India, New Delhi. 4.

The State of Bihar through the Chief Secretary, Govt. of Bihar, New Secretariat, Patna.

5.

The Principal Secretary, Department of Industries, Govt. of Bihar, Patna. 6.

The Secretary, Department of Industries, Govt. of Bihar, Patna. 7.

The Chairman Bihar State Electricity Board, Govt. of Bihar, Patna. 8.

Kalyanpur Cements Limited, through the Managing Director Shailendra Prakash Sinha, Registered Office at 2 and 3, Dr. Rajendra Prasad Sarani Kolkata - 700001, West Bengal, Bihar Office - Maurya Centre - 1, Frazer Road, Patna - 1.

9.

Naresh Kumar and Company Pvt. Ltd., a Company incorporated under the Companies Act, 1956 having its 10.

Shre Divyesh Desai, Insolvency Resolution Professional, 301, Kadambari, N.H. Compound, M G Road, Go also B2 402B Marathon Innova, Off Ganpatrao Kadam Marg, Lower Patel, Mumbai - 400013. 11.

Kampiliya Builders Pvt. Ltd. 24 and 26 MSNGALm Building Ground Floor, Hemant Basu Sarani, Kolkata , 12.

Dalmia Cement Bharat Limited through his Managing Director, Mr. Jai Hari Dalmia, 11th and 12th Floors, Hansalya Building, 1S, Barakhamba Road, New Delhi - 110001 Also the Registered Office at Dalmiyapuram, Distt. Tiruchirapalli, Tamilnadu - 621651.

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

For the Petitioner/s :

Mr.Vitesh Kr. Singh, Adv.

For the U.O.I.

:

Dr.K.N. Singh, ASG Mr.Alok Kumar, CGC For the State :

Mr.Subhash Pd. Singh, GA-3 Mr.Akhileshwar Singh, AC to GA-3 For the C.B.I.

:

Mr.Avanish Kr. Singh, SPP Mr.Ambar Narayan, Adv.

Mrs.Barkha, Adv.

Mr.Mukul Kr. Singh, Adv.

======================================================

Patna High Court CWJC No.7903 of 2018(3) dt.31-08-2024 2/3 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-08-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.I. For initiation of a high level enquiry preferably by the CBI to go through the entire misdeeds, omission and commission of the respondent no 8 to 12,i.e. the Corporate debtor namely Kalyanpur Cements Pvt. Ltd., Operational creditors cum the applicant in CP no. 168 of 2017 (Naresh Kumar), the Resolution professional namely Divyesh Desai, the Resolution applicant, one of the financial creditor namely Kampiliya Builders Pvt. Ltd. and other shell companies of the corporate debtor respondent no.8. II- For direction to the state respondents not to wave /forgive /exempt any due amount in respect of the corporate debtor namely Kalyanpur Cements Ltd. and its liabilities towards the government dues as well as also to prohibit them from giving any benefit under the rehabilitation plan for upliftment of the industrial growth of the state.

III.For declaring the action of the respondents is illegal and not sustainable in the eye of law."

2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, for redressal

Patna High Court CWJC No.7903 of 2018(3) dt.31-08-2024 3/3 of his aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands dismissed.

(Mohit Kumar Shah, J) sonal/- U