Harilal Ventures Pvt. Ltd. through its Managing… — Company and Corporate | Patna HC (2025)

Harilal Ventures Pvt. Ltd. through its Managing… — Company and Corporate | Patna HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to file a representation within four weeks seeking payment of rental dues to the official-respondents by instalments; authority to consider the representation, pass necessary orders and communicate them; and return of the petitioner's machinery/articles held by the respondent-authority.

Issue for consideration

Whether the petitioner, evicted pursuant to the disposal of CWJC No. 17150 of 2024, may be afforded a facility to pay rental dues of Rs. 82,19,067/- to the official respondents by way of instalments. +1 more

Court's answer

Having regard to the disposal of CWJC No. 17150 of 2024 on 20.03.2025, the Court granted the petitioner liberty to file a suitable representation within four weeks seeking payment of the rental amounts due to the official-respondents by way of instalments; the Court did not itself sanction the instalment facility.

Ratio / Principle

On such representation being made, the authority concerned shall consider it and pass necessary orders, communicating the same to the petitioner.

Key takeaways

It is clarified that any machinery or articles of the petitioner in the possession of the respondent-authority shall be returned to the petitioner.ratio¶19

Detailed headnote1 paragraphs

Patna High Court (A. Abhishek Reddy, J.), by oral order dated 11-07-2025, disposed of Miscellaneous Jurisdiction Case No.1284 of 2025 arising out of Civil Writ Jurisdiction Case No. 17150 of 2024, which stood already disposed of vide order dated 20.03.2025, pursuant to which the petitioner, Harilal Ventures Pvt. Ltd., had been evicted from the subject premises. The petitioner had filed I.A. No. 1 of 2025 seeking payment of rental dues of Rs. 82,19,067/- by way of 12 equal instalments. The Court granted the petitioner liberty to file a suitable representation to the official-respondents within four weeks seeking payment of the rental dues by instalments, directed the authority to consider such representation, pass necessary orders and communicate them to the petitioner, and further clarified that any machinery or articles of the petitioner in the possession of the respondent-authority shall be returned to the petitioner. Respondent No. 6 was Amrapali Banquets Pvt. Ltd., represented through senior counsel.

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1284 of 2025

In

Civil Writ Jurisdiction Case No.17150 of 2024

======================================================

Harilal Ventures Pvt. Ltd. through its Managing Director, Amit Mankani, Male, aged about 49 years S/o Late Shri Harilal Mankani, having its registered office at Plot No. IV/06, Patliputra Industrial Area, Patliputra, Patna and a resident of House No.- A-27, Hari Villa 5, Buddha Colony, Near Hospito India, P.S.- Buddha Colony, Boring Canal Road, Patna-1.

... ... Petitioner/s

Versus

The State of Bihar through the Secretary, Building Construction Department, Government of Bihar, Patna.

The Chief Engineer (Patna), Building Construction Department, Bihar, Patna.

The Superintending Engineer, South Bihar Circle, Building Construction Department, Bihar, Patna.

The Executive Engineer, Patna Building Division, Building Construction Department, Patna.

The Assistant Engineer, Samrat Ashok Convention Kendra Lower Division, Patna Building Division, Patna.

Amrapali Banquets Pvt. Ltd., A company registered under the Companies Act, 1956 having its registered office at Sone Bhawan, Birchand Patel Path, R-Block, Patna, through its Director, Jitendra Nath Gupta S/o Mahendra Nath Gupta, a resident of House No. 11, Basant Vihar Colony, Opposite Laxmi Complex, Boring Road, Patna-800001.

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Lalit Kishore, Senior Advocate with Mr. Nitesh Kumar, Advocate. Mr. Kanishka Shankar, Advocate. Mr. Sumit Kumar, Advocate. For the Opposite Party/s : Mr. Kinkar Kumar, SC-9. For the Resp. No. 6 : Mr. Mrigank Mauli, Senior Advocate with Mr. Sanket Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

6 11-07-2025 Learned counsel appearing on behalf of the petitioner

has stated that pursuant to the order passed by this Court in

Patna High Court MJC No.1284 of 2025(6) dt.11-07-2025 2/2

CWJC No. 17150 of 2024 dated 20.03.2025, the petitioner has already been evicted from the subject premises and I.A. No. 1 of 2025 was filed by the petitioner seeking payment of the rental dues amounting to Rs. 82,19,067/- by way of 12 equal instalments.

Having regard to the fact that the CWJC No. 17150 of 2024 has already been disposed of vide order dated 20.03.2025, the petitioner is granted liberty to file a suitable representation seeking payment of the rental amounts due to the official-respondents by way of instalments within a period of four weeks from today. On such representation being given, the authority shall consider the same and pass necessary orders and communicate the same to the petitioner. It is further clarified that if any machinery or articles of the petitioner are in possession of the respondent-authority, the same shall be returned to the petitioner.

With the above directions, the present MJC stands disposed of.

(A. Abhishek Reddy, J)

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