Sujit Kumar And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20608 of 2018 ====================================================== 1.
Sujit Kumar and Ors Son of Vijay Prasad Resident of Harla, Nawada Baghibardiha, P.S. Nawada, District Nawada 2.
Ram Nandan Prasad Son of Ramrup Prasad Resident of Kamalpura, Qadirganj, P.S. Nawada, District Nawada 3.
Anandi Prasad Son of Rajo Prasad, Resident of Village Bharausa, P.S. Mufassil, District Nawada 4.
Hari Mohan Kumar Son of Shiv Pandit Resident of Village Gonawan, P.S. Nawada, District Nawada 5.
Kanchan Kumar Son of Ramji Prasad Resident of Village Jain Mandir Gonawan, P.S. Nawada, District Nawada 6.
Vinod Kumar Son of Baleshwar Prasad Resident of Village Akauna, P.S. Mufassil, District Nawada 7.
Rajeev Ranjan Kumar Son of Late Ravindra Prasad Resident of Village Usari, Bhatta, P.S. Pakribarawan, District Nawada ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Principal Secretary, Finance Department, Government of Bihar, 3.
The Collector-Cum-District Magistrate, Nawada 4.
The Collector-Cum-District Magistrate, Sheikhpura 5.
The Collector-Cum-District Magistrate, Nalanda @ Biharsharif 6.
The Union of India through the Secretary Ministry of Corporate Affairs, Government of India, Shastr 7.
The Secretary Ministry of Corporate Affairs, Shastri Bhawan, New Delhi 8.
The Secretary, Department of Financial Services, Ministry of Finance, Government of India, New Delhi 9.
The Secretary, Department of Economic Affairs, Ministry of Finance, Government of India, New Delhi 10.
The Securities and Exchange Board of India, through its Chairman Plot No. C4-A, 'G' Block, Bandra-Kurla Complex, Bandra (East), Mumbai 400051 having its local office at Udyog Bhawan, 3rd Floor, East Gandhi Maidan, Patna 11.
The Chairman, Securities and Exchange Board of India, Plot No. C4-A, 'G' Block, Bandra-Kurla Complex Bandra (East), Mumbai 400051 12.
Indus Weir Industries Limited through its Managing Director Arunesh Sita, 74/8, Defence Enclave, Patna 13.
Arunesh @ Arunesh Sita Son of Sita Ram Resident of Maa Jagdamba Niketan, Ganga Gate No. 33, Rajapur, Mainpura, Patna 14.
Anil Kumar Trivedi Son of Parmeshwar Trivedi Resident of 149, JIgna
2/4 Tiwari Tola, Rivilganj, Saran 15.
Rasheed Quamar Son of Late Manzar Alam Resident of 3H-319, New Patliputra Colony, Patna 16.
Prince Rana Son of Sheetal Prasad Resident of 45/43, Naugarh PO Kachani, District Singrauli, Madhya Pradesh 17.
Mazharul Quadri Son of not known Resident of Basahi, P.S. Janta Bazar, District Saran 18.
Paras Nath Sharma Son of Mahadeo Sharma Resident of 241, Yadubansh Nagar, Telidhi Chas, PO and District Bokaro, Jharkhand 19.
Balchand Chaurasiya Son of Mohan Chaurasiya Resident of KarchiPariva, PO Singapur, District Baliya, Uttar Pradesh 20.
Shyam Sunder Seth Son of Late Ram Siromanti Seth Resident of 95, G.T. Road, North Salkia Nandi Bagan Mor Howrah, West Bengal 21.
Parthsarthi Adhikari Son of Madhu Suddhan Adhikari Ward No. 14 A-2, Golemarket Jayant, Waidhan, Madhya Pradesh ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravish Chandra For the State :
Mr. Anil Kr. Singh- GP 6 For the UOI :
M/s R.K.Sharma, CGC Lokesh, Advocate For the Respondent No.13: M/s Ashok Kumar Dubey, Dipika Mishra Priya Raj Diwakar Pandey, Advocates ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 28-08-2025
1. The petitioners have filed the instant application for the following reliefs:
"(i) To issue an appropriate writ, order or direction commanding and directing the respondents to take necessary steps for refund of money collected by Indus Weir Industries Limited in the garb of issuance of Redeemable Preference Shares/ deposits in Monthly
3/4 Income Scheme and Recurring Deposit from petitioners and other similarly situated innocent citizens, till today with the interest of 18% per annum from the date of receipt of money from the investors/petitioners till the date of repayment.
ii) To issue an appropriate writ, order or direction commanding and directing the respondents to initiate appropriate proceeding(s) civil as well as criminal against the Indus Weir Industries Limited and its Directors/Promoters.
iii) To issue an appropriate writ, order or direction commanding and directing the respondents to attach the properties belonging to Indus Weir Industries Limited and its Directors/Promoters and during pendency of this writ petition restraining them to not to transfer/alienate the fund/money collected by them from the petitioners.
iv) To grant any other relief or reliefs which the Petitioners may be found entitled to in the facts and circumstances of the case."
2. At the outset, the Learned counsel for the petitioners submitted that a Writ petition, being CWJC No.133358 of 2019 (Dilip Kumar
4/4 Ravidas & Ors. Vs. The State of Bihar & Ors), was earlier filed for the similar relief, and the facts of the case were also similar to those in the present writ petition, which was disposed of by a Division Bench of this Court vide order dated 02.12.2022, therefore, this writ petition may also be disposed of on the same terms and conditions.
3. Having regard to the submissions made by the Learned counsel for the parties, the present writ petition stands disposed of in terms of the judgment dated 02.12.2022 passed in Dilip Kumar Ravidas (supra).
4. Interlocutory Application(s), if any, shall stands disposed of.
(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.09.2025 Transmission Date