Anjani Kumar Singh v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7553 of 2018 ====================================================== Anjani Kumar Singh Son of Late Kapildeo Narayan Singh, Resident of Nanmunia Gali, Guljarbagh, P.O.- Guljarbagh, P.S.- Alamganj, DistrictPatna. ... ... 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 at5th floor,9-B, Woods Street, Kolkata700016 9.

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

Shree Divyesh Desai, Insolvency Resolution Professional, 301, Kadambari, H.N. Compound, M G Road, G 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, IS, Barakhamba Road, New Delhi-110001 Also the Registered office at-Dalmiyapuram, DistrictTiruchirapalli, Tamilnadu-621651 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vitesh Kumar Singh, Advocate For the State :

Mr.Yogendra Pd. Sinha, AAG-7 Mr. Rakesh Ambastha, AC to AAG-7 For the UOI : Mr. Uma Shankar Verma, Sr. Panel Counsel For the CBI :

Ms. Nivedita Nirvikar, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-08-2022 The present writ petition has been filed seeking the following reliefs:- "I. For initiation of a high level enquiry by the CBI to go through the entire misdeeds, omission and

Patna High Court CWJC No.7553 of 2018(4) dt.01-08-2022 2/2 commission of the respondent no. 8 to 12 Corporate debtor namely Kalyanpur Cement Pvt. Ltd., operational creditors cum the applicant in CP No. 168 of 2017 (Naresh Kumar), Resolution Professional namely Divyesh Desai, 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/assumpt any due amount any due amount in respect of the corporate debtor namely Kalyanpur Cements Ltd., liabilities towards the government dues as well as also to prohibit them for 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." After some argument, the learned counsel for the petitioner seeks to withdraw the present petition with liberty to avail such other remedies as are available under the law. Liberty so sought is granted.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U