Satya Priya Kumar Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 3322 of 2017 =========================================================== Satya Priya Kumar Sinha, S/o Late Swatantra Bhushan, resident of village - At - E - 16, J.P. Housing Society, Rajeev Nagar, Road No. 24 T, P.O. Keshari Nagar, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Industrial Development Commissioner, Government of Bihar, Old Secretariat, Patna.

2. Industrial Development Commissioner, Industries Department, Government of Bihar, Patna.

3. The Chairman, Bureau of Public Enterprises, Government of Bihar, Patna.

4. The Commissioner - Cum - Secretary, Industries Department, Government of Bihar, New Secretariat, Patna.

5. The Managing Director, Bihar State Handloom & Handcrafts Corporation Ltd. Udyog Bhawan, East Gandhi Maidan, Patna.

6. The Chief Accounts Officer, Bihar State Handloom & Handcrafts Corporation Ltd. Udyog Bhawan, East Gandhi Maidan, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Md. Fahimuddin, Advocate For the State :

Mr. Kinkar Kumar, S.C. 9 For the Respondents No. 5 & 6:

Dr. Anand Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 18-01-2018 Heard learned counsel for the petitioner; State and Bihar State Handloom and Handcrafts Corporation Limited (hereinafter referred to as the 'Corporation').

2. Learned counsel for the Corporation submitted that they have filed counter affidavit in which the stand is that the matter is now pending before the National Company Law Tribunal, Kolkata Bench relating to liquidation of the Corporation. It was further submitted that initially Company Petition was filed before the Patna

Patna High Court CWJC No.3322 of 2017 dt.18-01-2018 2/2 High Court but after the initial admission of the Company Petition once it became dismissed and later on it has been restored and transferred to the National Company Law Tribunal, Kolkata Bench, where it is pending. It was contended that now all assets and liabilities have to be dealt with by the National Company Law Tribunal, Kolkata Bench and the petitioner may also file his claim before the said forum.

3. Having considered the matter, the Court finds substance in the contention of learned counsel for the Corporation.

4. Accordingly, the writ petition stands disposed off with liberty to the petitioner to move before the National Company Law Tribunal, Kolkata Bench with regard to his present grievance. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U