High CourtsSingle Bench(2011) 04 JH CK 0072

Board of Industrial and Financial Reconstruction vs Raj Hans Steel Limited

Jharkhand High Court · Decided on 15 April 2011

HON’BLE JUDGES
R.K. Merathia, J
CASE NUMBER
Company Petition No. 5 of 1999

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Judgment

11 paragraphs · 346 words

R.K. Merathia, J.

I. A. No. 3810 of 2010, I. A. No. 152 of 2011 & Report of the Official Liquidator dated 01.03.2011:

1.

It was submitted by Mr. U.P. Singh, learned senior counsel appearing for the applicant that in view of the order dated 04.10.2010 passed by Hon''ble Supreme Court, this company petition should be disposed of as a matter is pending before B.I.F.R., where the parties are appearing.

2.

Mr. A.K. Das, learned Counsel appearing for the BISICO pointed out that it is yet to be decided by B.I.F.R. whether creditors of the company have been paid or not. He submitted that BISICO who is one of the creditors has not been paid, and therefore, this matter may be kept pending till the matter is decided by the B.I.F.R.

3.

The official liquidator submitted that till further orders, the expenses should be paid by the applicant.

After hearing the parties, the following order is passed.

4.

The applicant will deposit Rs. 6,37,473/- against the arrears of Mahalaxmi Detectives & Security Services P. Ltd. with the official liquidator within two weeks, which he will keep in fixed deposit. The applicant will pay the balance amount to the official liquidator as per his report dated 01.03.2011 within one week. The auditor''s fee of Rs. 25,000/- is settled at Rs. 10,000/-.

5.

It further appears that Anjani Ferro Alloys was imp leaded as party in this proceeding. It was the sole bidder in the sale process. Now the matter has been remitted by the Hon''ble Supreme Court before B.I.F.R. In the circumstances, the sale process is cancelled. Now Anjani Ferro Alloys has got no locus stand in the proceedings. Its earnest money, be refunded. However, it will be at liberty to take part in fresh sale process, if any.

6.

Till further orders, interim order dated 08.10.2010 shall continue.

7.

I.A. No. 3810 of 2010, I.A. No. 152 of 2011 & Report of the Official Liquidator dated 01.03.2011 stand disposed of.

8.

As prayed, let a copy of this order be handed over to the official liquidator.