M/S Periwal Chemicals Industries ... vs Bihar State Credit & Investment ...
2022 Latest Caselaw 1154 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
              (Letters Patent Appellate Jurisdiction)
                      L.P.A No.737 of 2018
M/s Periwal Chemicals Industries Pvt. Ltd.              ... Appellant
                             Versus
Bihar State Credit & Investment Corporation, Patna & Others
                                                 ... Respondents


CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
         HON'BLE MR. JUSTICE RATNAKER BHENGRA

For the Appellant              : Ms. Amrita Sinha, Advocate
For the Respondent-BICICO      : Mr. Amit Kumar Das, Advocate
                                 Mrs. Swati Shalini, Advocate
For the Respondent No.4        : Mr. Indrajit Sinha, Advocate
                                 Mr. Vipul Poddar, Advocate
                             --------

Order No.07/Dated: 24th March 2022

I.A No.2330 of 2022 This application has been filed for impleading Dilasa Commodities Pvt. Ltd. as a party-respondent in the present Letters Patent Appeal.

Ms. Amrita Sinha, the learned counsel for the appellant would submit that the appellant approached the Letters Patent Court for the reason that the writ Court had declined to grant an interim order of protection. During pendency of the writ petition, the appellant entered into an agreement with M/s Dilasa Commodities Pvt. Ltd. to enable itself to deposit Rs.1.51 crore which as per direction of the Hon'ble Division Bench passed in L.P.A No.154 of 2017 the appellant was required to deposit to seek an order of status quo.

Mr. Amit Kumar Das, the learned counsel for the respondent-BICICO tenders a copy of the order dated 12 th September 2019 passed in L.P.A No.22 of 2019 to submit that M/s Dilasa Commodities Pvt. Ltd. approached the Letters Patent Court against the final judgment dated 26th September 2018 passed in W.P.(C) No.1360 of 2017 and L.P.A No.22 of 2019 filed by it has been dismissed.

In view of dismissal of L.P.A No.22 of 2019, the present

interlocutory application for impleading M/s Dilasa Commodities Pvt. Ltd. cannot be entertained and, accordingly, it is dismissed.

L.P.A No.737 of 2018 Ms. Amrita Sinha, the learned counsel for the appellant submits that an application for impleadment on account of death of the Director M/s Periwal Chemicals Industries Pvt. Ltd. has been filed.

The Registry shall put up the said interlocutory application on the next date of hearing.

Post this matter on 31st March 2022 for hearing on interlocutory application.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.) Amit/