M/S Vishwa Infrastructures And ... vs The State Of Bihar
2022 Latest Caselaw 5111 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.5702 of 2022
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M/s Vishwa Infrastructures and Services Private Limited, having its registered office at 1-11-256/C/24, Plot No. 24, Gagan Vihar Colony, Begumpet, Hyderabad-500016 through its authorized representative namely R. Srikanth, aged about 42 years, Gender-Male, Son of R. Yadagiri, Resident of House No. 6-6-269/88, Arun Jyothi Colony, Gandhi Nagar, Police Station - Gandhi Nagar, Secunderabad, Hyderabad, Telangana.

... ... Petitioner/s Versus

1. The State of Bihar, through the District Magistrate, District - Supaul.

2. The District Magistrate, Supaul, District - Supaul.

3. The Certificate Officer, Supaul, District - Supaul.

4. The Additional Collector, Supaul.

5. The Principal Secretary, Public Health Engineering Department,

Government of Bihar, Patna.

6. The Engineer - in - Chief, Public Health Engineering Department,

Government of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pravashankar Mishra, Advocate Mr.Rajeev Shekhar, Advocate

For the Respondent/s : Mr. S.Raza Hamad, AAG 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 13-12-2022

Heard learned counsel for the parties. Patna High Court CWJC No.5702 of 2022 dt.13-12-2022

Petitioner has prayed for following relief (s) : -

"i) To issue a Writ in the nature of Certiorari for quashing the Certificate Case No.68 /2018 including the entire Certificate proceeding having been initiated against the petitioner as same is in teeth of law laid down by Hon'ble Supreme Court and the provisions of Insolvency and Bankruptcy Code, 2016, rendering the same as wholly without jurisdiction.

ii) To issue a writ in the nature of Certiorari for quashing the order dated 10.08.2021 as contained in Certificate Case No.68 of 2018 as the issues raised by the petitioner company qua initiation of Corporate Insolvency Resolution Process has not been looked into much less considered and also same is in teeth of law laid down by Hon'ble Supreme Court and the provisions of Insolvency and Bankruptcy Code, 2016, rendering the same as wholly without jurisdiction.

iii) To any other relief or reliefs to which the petitioner is entitled in the facts and circumstances of the case."

Learned counsel invites our attention to the

impugned order dated 10.08.2021 (Annexure-4, Page-44)

passed by the District Certificate Officer, Supaul in Certificate

Case No. 68 of 2018.

We notice that the jurisdictional issue and Patna High Court CWJC No.5702 of 2022 dt.13-12-2022

maintainability of the proceedings, under the Debt Recovery

Act, though raised by the petitioner, was neither considered

nor dealt with by the appropriate authority. The jurisdictional

issue ought to have been decided in view of the objection

application (Annexure-2, Page 35) filed by the petitioner.

We also notice that in similar situation, a co-

ordinate Bench of this Court in CWJC No. 8040 of 2022,

titled as M/s Vishwa Infrastructures and Services Private

Limited Vs. The State of Bihar & Ors., directed the

petitioner herein to file a fresh objection under Section 9 of

the Act.

Under these circumstances, we quash and set

aside the impugned order dated 10.08.2021 (Annexure-4,

Page-44) passed by the District Certificate Officer, Supaul

with the direction to the petitioner to appear before the

authority on 28.12.2022 at 10:30 A.M., along with a copy of

this order, on which date additional material in support of the

application shall be filed, or else file a fresh petition under

Section 9 of the Bihar & Orissa Public Demand Recovery Act,

should the need so arise.

The appropriate authority shall consider and dispose

of the petitioner's petition expeditiously, by a reasoned and Patna High Court CWJC No.5702 of 2022 dt.13-12-2022

speaking order, preferably within a period of three months

from the date of appearance of the petitioner before him and

till then no coercive steps be taken against the petitioner.

The authority shall also examine as to whether the

amount in question falls within the definition of public

demand or not.

Needless to add, while considering such petition,

principles of natural justice shall be followed and due

opportunity of hearing afforded to the parties.

Order assigning reasons shall be supplied to the

parties.

Equally, liberty is reserved to the petitioner to take

recourse to such alternative remedies as are otherwise

available in accordance with law.

We are hopeful that as and when petitioner takes

recourse to such remedies, as are otherwise available in law,

before the appropriate forum, the same shall be dealt with, in

accordance with law and with reasonable dispatch.

Liberty reserved to the petitioner to challenge the

order passed by the appropriate authority, before the

appropriate forum, if so required and desired.

We have not expressed any opinion on merits. All Patna High Court CWJC No.5702 of 2022 dt.13-12-2022

issues are left open;

The petition stands disposed of in the aforesaid

terms.

Interlocutory Application(s), if any, stands disposed

of.

(Sanjay Karol, CJ)

( Partha Sarthy, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 16.12.2022 Transmission Date