Jharkhand High Court
Kumardhubi Metal Casting & ... vs Kumardhubi Karamachari Congress ... on 16 December, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.P. No. 2 of 1996 (R)
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Kumardhubi Metal Casting & Engineering Ltd. --- --- ---- Petitioner
Versus
Kumardhubi Karamachari Congress & others --- --- --- Respondents
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
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For the Official Liquidator: M/s Himanshu Kr. Mehta,
Manjusri Patra, Advocate
For the Bank of India: Mr. A. Allam, Sr. Advocate,
Arun Kr. Sahay, Advocate
For the BSIDC: M/s Richa Sanchita, Riya Narain, Advocates
For the EPFO: Mr. Anil Kr. Singh, Advocate
For the Workmen; Mrs. M.M. Pal, Sr. Advocate
For the Intervener-Apical Exim: M/s Nitin Kr. Pasari, Sidhi Jalan, Shubham
Choudhary, Gaurav Kaushalesh, Advocates
For the Union of India: Mr. Prashant Pallav, D.S.G.I,
Parth Jalan, A.C to D.S.G.I
For the JBVNL: Mr. Sachin Kumar, Advocate
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227/ 16.12.2022 There are two issues which have been raised today before the Court.
i. Demarcation exercise has not been done till date in terms of the direction
contained in the order dated 11.11.2022.
Learned counsel for the Official Liquidator submits that it would be
done with the coordination of District Administration and Auction Purchaser by
06.01.2023.
ii. Through I.A. No. 10840/2022, Auction Purchaser has sought a direction
upon Jharkhand Bijli Vitrain Nigam Limited to process its application for grant
of fresh electrical connection. Interlocutory application also encloses a
communication of Assistant Electrical Engineer, Electric Supply, Sub Division,
Chirkunda bearing Memo No. 202 dated 24.11.2022, which is to the effect that
the office is in the process of computing the outstanding arrears of the erstwhile
company. Learned counsel for the Auction Purchaser has relied upon the
judgment of this Court rendered in W.P (C) No. 748/2019 (Om Prakash Garg
versus Jharkhand Bijli Vitran Nigam Limited through its Chairman,
Ranchi & others) dated 08.12.2021 on that issue.
Mr. Sachin Kumar, learned Senior Standing Counsel for the JBVNL
submits that he would be seeking instruction on this issue.
Learned Senior Counsel for the Secured Creditor Bank of India Mr. A.
Allam seeks time to obtain instruction on the reply to I.A. No. 9573/2022 filed
by the Official Liquidator.
Learned Deputy Solicitor General of India Mr. Prashant Pallav submits
that instructions are awaited in terms of the order dated 02.12.2022. He seeks
one last indulgence to apprise this Court.
Learned Official Liquidator has submitted a report on 14.12.2022.
Learned counsel for the Official Liquidator submits that the Auction Purchaser
M/s Apical Exim Private Limited has deposited an amount of Rs. 56.25 crore
i.e. 50% of the auction amount in the current account of the Official Liquidator.
He has sought permission to invest this amount in FDR for a term of three / six
months. He is permitted to do so.
As indicated above, let compliance made by the respective parties be
brought to the notice of this Court without fail by the next date.
List the case on 20.01.2023.
(Aparesh Kumar Singh, J)
Ranjeet/
