Disposed

Indra Kant Mishra v. The State of Bihar

Patna HC11 Dec 2023CWJC/5340/2023

Case brief

AI extract

What is this about?

The petitioner, a superannuated peon of Bihar Emporium, filed a writ under Article 226 seeking recovery of pension. The court noted the corporation is under liquidation and the claim was approved by the official liquidator. The court dismissed the petition, holding the remedy lies with the official liquidator due to pending company proceedings.

What did the court decide?

The writ petition stands disposed of with liberty to the petitioner to approach the official liquidator.

Indra Kant Mishra Vs The State of Bihar — Company and Corporate | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5340 of 2023

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Indra Kant Mishra Son of Late Bhuttu Mishra, resident of Gangapur Basti, D.Nath Bandh, P.O Diabhat Nathwan, Via - Pandaul, District - Madhubani.

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... ... Petitioner/s

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Versus

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

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The Managing Director, Bihar State Small Industries Corporation Ltd. Indira Bhawan, Ram Charitra Singh Path, Patna 1.

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The Account Officer, Bihar State Small Industries Corporation Ltd., Head Quarter, Patna.

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The Sales Manager, Bihar Emporium, Maurya Lok Complex, Dukbunglow Road, Patna.

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The Attainder, Bihar Emporium, Maurya Lok Complex, Dakbunglow Road, Patna.

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The Secretary, Small Industries Corporation Ltd. Bihar Emporium, Maurya Lok Complex, Dukbunglow Road, Patna.

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The Official Liquidator, High Court Patna, Maurya Lok Complex A Block 4th Floor, Dukbunglow Road, Patna - 1.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : None. For the Respondent/s : Mr. Abbas Haider, SC-6 Mr. Wasi Mohammad, AC to SC-6 For the Corporation : Dr. Anand Kumar, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR

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ORAL ORDER

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9 11-12-2023 None appears on behalf of the petitioner.

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Mr. Abbas Haider, learned counsel for the State

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and Dr. Anand Kumar, learned counsel for the Corporation, are

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present.

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The petitioner by invoking the prerogative writ

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jurisdiction of this Court under Article 226 of the Constitution of India seeking a direction upon the respondent authorities to ensure payment of Rs. 7,15,901/- along with the statutory

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Patna High Court CWJC No.5340 of 2023(9) dt.11-12-2023 2/3

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interest.

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It is to be noted that the petitioner is superannuated from the post of Peon-cum-Watchman, from Bihar Emporium, Maurya Lok Complex, Patna, on 02.08.2018 after attaining the age of 58 years.

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A counter affidavit as well as supplementary counter affidavit have been filed on behalf of respondent no.1.

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Learned counsel for the respondents, submitted that the Bihar State Small Industries Corporation Limited, is under liquidation and the claim of the employee(s) of the Corporation was considered by the official liquidator and accordingly, the employee(s) of the Corporation, including the petitioner have been paid their claim as per the list attached with Letter No. 249 dated 15.05.2023 issued by the Assistant Official Liquidator (Annexure-R/1-1 to the supplementary counter affidavit), which prima facie suggests that the petitioner has been allowed an amount of Rs.2,07,754/-. He further submitted that since the Corporation in question has already gone under liquidation and, hence, any claim of its employee(s), is to be considered by the official liquidator appointed by this High Court.

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It has been informed to this Court that the

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Patna High Court CWJC No.5340 of 2023(9) dt.11-12-2023 3/3

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Company Petition bearing No. 5 of 1999 is already pending consideration and thus the petitioner has remedy available before him to raise any grievance before the official liquidator.

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Considering the submissions made on behalf of the parties, the writ petition stands disposed of with the liberty aforesaid.

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(Harish Kumar, J)

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rohit/-

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U T

Indra Kant Mishra v. The State of Bihar

Case brief

What is this about?

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Indra Kant Mishra v. The State of Bihar

Case brief

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