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Patna High CourtL.P.A/808/2009dismissed

The M.D.,Bihar State Credit Andi v. M/S Saraogi Oxygen Ltd.Andors

2024-05-02Mr. Justice Harish Kumar,The Chief Justice-2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.808 of 2009 ======================================================

1. The Managing Director, Bihar State Credit & Investment Corporation Ltd. Indira Bhawan 4th Floor, Ram Charitra Singh Path, Patna-800001.

2. Bihar State Credit & Investment Corporation Ltd. Indira Bhawan 4th Floor, Ram Charitra Singh Path, Patna-800001. Patna ... ... Respondents/Appellant/s

Versus

1. M/s Saraogi Oxygen Ltd; a Company incorporated under the provision of the Companies Act, 1956, having its registered office situated at Kankarbaggh Road, Patna, through its Managing Director, Kailash Chand Jain son of Late Madan Lal Jain, Resident of Jhelum Apartment, Rajendra Nagar, Police Station- Kdamkuan, Town & District-Patna. ... ... Petitioner-----Respondent

2. The State of Bihar, through the Secretary-cum-Commissioner Industries Department, Government of Bihar New Secretariat, Patna.

3. The Dy. Manager (Recovery) Bihar State Credit & Investment Corporation Ltd., Indira Bhawan, 4th Floor, Ram Charitra Singh Path, Patna 800001.

4. The In-charge (OTS), Bihar State Credit & Investment Corporation Ltd., Indira Bhawan, 4th Floor, Ram Charitra Singh Path, Patna 800001.

5. The Assistant Manager (OTS Sale & Auction) Bihar State Credit & Investment Corporation Ltd., Indira Bhawan, 4th Floor, Ram Charitra Singh Path, Patna 800001.

-------Respondents ====================================================== Appearance :

For the Appellant/s :

For the Respondent No.1:

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 31-08-2018 None appears on behalf of the appellants to press the present appeal.

Mr. Sanjay Kumar appears for the respondent no. 1. There is again no representation either on behalf of respondent no. 2 who is Secretary-cum-Commissioner,

Patna High Court LPA No.808 of 2009(5) dt.31-08-2018 2/2 Industries Department, Government of Bihar or respondent nos. 3 to 5 who are again authorities of the appellant-Corporation under the appeal.

The order on record would confirm that it is on a plea of pendency of similar matter before the Supreme Court that adjournment was being asked by learned counsel for the appellants but by order passed on 16.04.2018, a Co-ordinate Bench taking note of the grievance raised by the respondentwrit petitioner through I.A. No. 3426 of 2014, posted this matter for hearing allowing the counsel for the appellants to address on the similarity of the matter arising herein and one before the Supreme Court.

The matter is posted today when there is none to press this appeal, which is dismissed for non-prosecution. (Jyoti Saran, J) ( Chakradhari Sharan Singh, J) HR/Ashish/- U