Patna High Court
Awadhesh Rai @ Avadhesh RayversusThe State of Bihar through Sri B. Kantikay Dhanje, the Secretary, Sugar Cane Development Department
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the contempt application may be withdrawn and disposed of, granting the petitioner liberty to approach the NCLT for appropriate relief.
Summary
Awadhesh Rai filed a contempt application alleging that the State of Bihar and other officials had failed to comply with a 18 August 2022 order directing payment of a sum to him, to be realized from the manager of Sasa Musa Sugar Works. The sugar mill, however, had entered liquidation and the matter was pending before the National Company Law Tribunal (NCLT), Kolkata. The petitioner sought permission to withdraw the contempt proceeding and instead pursue appropriate remedies before the NCLT. The Court, after hearing counsel for the State, noted the liquidation and pending NCLT proceedings. It granted the petitioner's request, allowing the withdrawal of the contempt application and permitting the petitioner to approach the NCLT. Consequently, the contempt application was disposed of.
Issues considered
- Whether a contempt application can be withdrawn when the underlying order cannot be complied with due to the respondent's liquidation and pending NCLT proceedings
- Whether the Court may grant liberty to approach another forum for enforcement of the original order
Subjects
- contempt
- liquidation
- NCLT
- civil writ jurisdiction
- withdrawal of application
- enforcement of decree
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.411 of 2025
In
Civil Writ Jurisdiction Case No.16738 of 2021
======================================================
Awadhesh Rai @ Avadhesh Ray Son of Late Punit Ray, resident of village-
Brindaban Parsauni, Sitalpur, P.S. - Chakiya, District - East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through Sri B. Kantikay Dhanje, the Secretary, Sugar
Cane Development Department Govt. of Bihar, Patna.
2. Sri Anil Jha the Cane Commissioner Sugar Cane Development Department,
Govt. of Bihar.
3. Sri Prashant Kumar the Collector, Gopalganj, Block East Champaran,
Motihari.
4. Sri Rahul Kumar the Cane Officer State of Bihar, Gopalganj.
5. Mahmud Ali the Manager, Sasa Musa Sugar Works Pvt. Ltd. Sasa Musa,
Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prateek Tandon, Advocate
For the Opposite Party/s : Mr. Standing Counsel 9
Ms. Vagisha Pragya Vacaknavi, AC to SC-9
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
4 18-03-2026 The present contempt application has been filed
alleging non-compliance of the order dated 18.08.2022 passed
in CWJC No. 16738 of 2021, whereby a Coordinate Bench of
this Court disposed of the writ petition with the following
direction:
“In this view of the matter, petition
is disposed of with the direction to the
respondents to immediately pay the amount
to the petitioner now due and payable to the
Patna High Court MJC No.411 of 2025(4) dt.18-03-2026
2/2
petitioner with its realization from
respondent No. 5, namely The Manager, Sasa
Musa Sugar Works Pvt. Ltd. Sasa Musa,
Gopalganj.”
2. Learned counsel appearing for the State submits
that the sugar mill in question, namely, Sasa Musa Sugar Works
Pvt. Ltd., Sasa Musa, Gopalganj, has gone into liquidation and
the matter is pending before the National Company Law
Tribunal, Kolkata Bench, Kolkata, in CP(IB) No. 157/KB/2021.
3. In view of the aforesaid development, learned
counsel for the petitioner seeks permission to withdraw the
present contempt application with liberty to approach the NCLT,
Kolkata, and to avail appropriate remedies in accordance with
law.
4. Permission is accorded.
5. Accordingly, the present contempt application
stands disposed of with the aforesaid liberty.
6. Pending application(s), if any, shall stand disposed
of.
(Sudhir Singh, J)
(Shailendra Singh, J)
Anushka/-
U
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