M/S Riga Sugar Company Ltd. v. The State Of Bihar Through The Principal Secretary, Department Of Industries

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4406 of 2024 In Civil Writ Jurisdiction Case No.13477 of 2014 ====================================================== M/s Riga Sugar Company Ltd. (in liquidation) having registered office at 14, Netaji Subhas Road, Kolkata - 700001 and its distillery located at Dhanukagram, P.O. Riga, District - Sitamarhi through its Official Liquidator namely Sri Neeraj Jain (male) aged about 43 years, Son of Megh Raj Jain, resident of Siddharth, Block - B, Flat no. - 7C, 14/2 Burdwan Road, Alipore H.O., P.O.- Alipore, District - Kolkata, West Bengal - 700027. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Industries Government of Bihar, Patna.

2.

The Principal Secretary, Cane Development Department, Government of Bihar, Patna.

3.

The Principal Secretary, Excise and Prohibition Department, Government of Bihar, Patna.

4.

The Commissioner-cum-Secretary, Cane Development Department, Government of Bihar, Patna.

5.

The Controller of Molasses-Cum-Excise Commissioner, Government of Bihar, New Secretariat, Patna.

6.

The Joint Commissioner, Excise, Bihar, Patna. 7.

Superintendent of Excise, Riga, District- Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Riya Giri, Adv.

For the Opposite Party/s :

Mr.Additional Advocate General 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-02-2025

1. The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No.13477 of 2014, which has stood dismissed on account of non-prosecution, by an order dated 21.08.2024.

2. The learned counsel for the petitioner has submitted that since the petitioner-Company had gone into liquidation and

Patna High Court MJC No.4406 of 2024(3) dt.21-02-2025 2/2 one Mr. Niraj Jain had been appointed as Liquidator by an order dated 11.04.2023, passed by the Ld. National Company Law Tribunal, Kolkata Bench (Court-II) (Kolkata), the existing counsel was not having any instruction to proceed with the aforesaid writ petition, however, vide letter dated 22.11.2024 Ms. Riya Giri has been authorized and appointed as an Advocate on behalf of the petitioner-Company by the aforesaid Liquidator, hence, it is submitted that a sympathetic view be taken and the aforesaid writ petition be restored to its original file.

3. Having regard to the submission made by the learned counsel for the petitioner as also considering the averments made in the present petition, I deem it fit and proper to restore the aforesaid writ petition bearing C.W.J.C. No. 13477 of 2014 to its original file.

4. The present restoration petition stands allowed. (Mohit Kumar Shah, J) sonal/- U