M/S U.K. Industries vs The Bihar State Food Corporation ...
2021 Latest Caselaw 4876 Patna

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.6840 of 2020
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M/s U.K. Industries, a proprietorship firm having its place of business at Ram Nagar, Bahadurpur, Darbhanga through it's proprietor namely Monika Rani female aged about 45 years wife of Shri Umesh Kumar Resident of Ram Nagar, P.O. and P.S. Bahadurpur, District- Darbhanga.

... ... Petitioner Versus

1. The Bihar State Food Corporation Ltd. having its registered office at Daroga Rai Path, Patna through its Managing Director.

2. The Managing Director, Bihar State Food Corporation Ltd., At Patna.

3. The District Magistrate, Darbhanga.

4. The District Manager, Bihar State Food Corporation Ltd., Darbhanga.

... ... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Gautam Kumar Kejriwal Mr. Atal Bihari Pandey Mr. Alok Kumar Jha, Advocates For the State : Mr. Upendra Pratap Singh, AC to SC-4 For the BSFC : Mr. Harish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 05-10-2021

Heard learned counsel for the petitioner and learned

counsel for the respondents. Learned counsel for the petitioner

hereby undertakes to remove all defects pointed out by the Stamp

Reporter as and when required. It is accordingly directed that all

defects pointed out by the Stamp Reporter be removed within one

month hereof.

2. The following reliefs as formulated by the petitioner

have been claimed in the writ petition-

Patna High Court CWJC No.6840 of 2020 dt.05-10-2021

" (I) For issuance of a writ in the nature of certiorari for quashing of item number 06 as contained in the notice dated 29.02.2020 published in the newspaper namely Dainik Jagran whereby the petitioner's immovable assets has been put on auction sale fixed for 31.03.2020 by the respondent District Magistrate, Darbhanga. (II) For issuance of a writ or order or direction upon the respondent corporation and its authorities to settle the inter se account between the petitioner and the Corporation in light of the arbitration award dated 11.09.2019 before taking any such action which is otherwise also illegal and without jurisdiction; (III) For issuance of a writ or order or direction restraining the respondent District Magistrate, Darbhanga from effecting any auction sale of the immovable assets of the petitioner in terms of the impugned auction sale notice published in the newspaper on 29.02.2020; (IV) For holding and a declaration that the auction sale notice is illegal, arbitrary and violative of the principles of natural justice as no notice prior to the said auction dated 29.02.2020 has been served upon the petitioner; (V) For further holding and a declaration that the impugned auction sale notice insofar as item number 6 pertaining to the petitioner's immovable assets is concerned is directly in teeth of the arbitration award dated 11.09.2019 passed by learned Arbitrator in Arbitration Case Number 03 of 2019;

(VI) For further holding and a declaration that there being no liability of the petitioner leftover as against the respondent Bihar State Food Corporation Ltd (hereinafter referred to as the Corporation for short) the impugned auction sale notice pertaining to the sale of immovable Patna High Court CWJC No.6840 of 2020 dt.05-10-2021

assets of the petitioner is out and out misconceived, illegal, arbitrary and absolutely without any authority in law; (VII) For any other relief (s) to which the petitioner is found entitled in the facts and circumstances of this case."

3. After some arguments, learned counsel for the

petitioner fairly accepts that the writ petition has become

infructuous and need not be pressed any further.

4. The writ petition stands dismissed as infructuous.

5. Office shall follow-up to ensure that all defects are

removed and compliance with the notices of this Court are made by

the petitioner within the stipulated time provided in para-1

hereinabove, failing which the matter shall be brought to the notice

of this Court.

(Vikash Jain, J) Ibrar//-

AFR/NAFR              NAFR
CAV DATE              N.A.
Uploading Date        08.10.2021
Transmission Date     N.A.