M/S. Simran Metals Ltd. v. The Bihar Industrial Area Development Authority

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18318 of 2021 ====================================================== M/s. Simran Metals Ltd. a company incorporated under the provisions of the Companies Act, 1956 having its Registered Office at House no. 244, Road No. 9, Rajendra Nagar, Patna- 800016, and its unit at Industrial Area, PhaseII, Fathua, District Patna, through its Director, Simran Agrawal, aged about 33 Years, Male, Son of Late Pradeep Agarwal, Resident of N- 801, Udaygiri Apartment, Budh Marg, Opposite Museum, Budha Colony, P.S. Kotwali District Patna.

... ... Petitioner/s

Versus

1.

The Bihar Industrial Area Development Authority through its Managing Director, 1st Floor, Udyog Bhavan, East Gandhi Maidan, Patna. 2.

The Managing Director, Bihar Industrial Area Development Authority, 1st Floor, Udyog Bhavan, East Gandhi Maidan, Patna. 3.

The Executive Director, Bihar Industrial Area Development Authority, 1st Floor, Udyog Bhavan, East Gandhi Maidan, Patna. 4.

The Development Officer, Bihar Industrial Area Development Authority, 1st Floor, Udyog Bhavan, East Gandhi Maidan, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mohit Agarwal, Advocate For the Respondent/s :

Mr. Lalit Kishore- A.G.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 19-05-2022 Petitioner has prayed for the following reliefs:-

2/4

3/4 We dispose of the present writ petition on the following mutually agreeable terms between the parties:- (a) petitioner undertakes to handover the vacant and peaceful possession of the land/ unit to BIADA within one month from today.

Undertaking accepted and taken on record.

4/4 Petitioner through the learned counsel is made aware of the consequences of breach thereof, including initiation of proceeding for contempt should the petitioner fail to honour the undertaking.

b) petitioner is permitted to remove all movables and machineries from the industrial unit.

c) BIADA shall not insist on the payment of outstanding dues, if any undisputed, which, Shri S. D. Sanjay, learned senior counsel, states is less than Rs. 05 lacs. However, outstanding dues, if any, of other departments shall be cleared by the petitioner within a period of four weeks from today,.

d) Also, petitioner shall comply with all the labour laws, found to be deficient, if any.

Instant petition stands disposed of in the aforesaid terms.

Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Satyavrat Verma, J) Vikash/Sujit AFR/NAFR CAV DATE Uploading Date 21.05.2022 Transmission Date