SONBHADRA MINERALS PVT. LTD. Vs. S.K. SAXENA

JUDGEMENT

(1.) M /s Sonbhadra Minerals Pvt. Ltd (SMPL) a private limited company with its registered office at 14/364 Ram Mandir Colony. Obra District Sonbhadra, and its Director Mr. Jagmander Sen Agrawal have prayed to recall the directions dated 5.7.2006 and order dated 20.9.2006 in Civil Misc. Objection Application No. ____of 2005 filed on behalf of RPJ Minerals Private Limited (RPJMPL) and Civil Misc. Objection Application No. ___of 2005 filed by U.P. State Mineral Development Corporation Ltd (UPSMDC) in Civil Misc. Application No. 4 of 1997 (in the matter of liquidation of U.P. State Cement Corporation Ltd) in respect of Bari and Baghmanwa Dolomite mines and to pass any such other and further orders as may be deemed fit and proper in the circumstances of the case.

(2.) THE application was filed on 12.12.2006. On the same day the notices were accepted by Official Liquidator, State of U.P., UPSMDC and Jaiprakash Associates Ltd (JAL). The matter was heard on 19.12.2006, when the Court prima facie did not find any good ground to vacate the interim order and then on 11.1.2007 when it was noticed that both UPSMDC and Official Liquidator do not want to file any reply. JAL filed its reply and State Government took further time to file counter affidavit. On 24.1.2007, UPSMDC, changed its stand and filed a counter affidavit. The applicant took time to give reply to the counter affidavit of UPSMDC and a rejoinder affidavit to the counter affidavit of JAL. On 19.2.2007 the State Government took further time and filed its reply on 22.2.2007. The matter was heard on 22.2.2007, and the orders were reserved.

(3.) IN order to consider the prayers made in the application, it is necessary to briefly give the background of the liquidation proceedings and the sale of assets of the company (in liquidation).