HARISONS CONTINENTAL PRIVATE LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) This case is a classic illustration of failure of the police administration in protecting the lawful possession of the petitioner over the premises in question. The petitioner has been dispossessed from the property by act of lawlessness, as alleged, by Respondent no.7 in collusion with the local police. It is said to be in complete disregard and disobedience to the spirit of the order dtd. 18/12/2014 passed by the Hon'ble Company Judge in Company Petition No.10 of 1996 wherein while disposing of the company petition the Hon'ble Court categorically held that ".. the Ex-management will have a right to evict any unauthorized encroachers/tenant/licensee in accordance with law, no one can take away the right of any person to claim his protection in capacity of being a tenant or licensee which again can be adjudicated before the appropriate forum/court strictly in accordance with law.." The petitioners were not put in the category of unauthorized occupants.

(2.) It is the case of the petitioners that the property in question belongs to one Jai Mangal Limited (hereinafter referred to as 'the Company'), a public limited company incorporated under the provisions of the Companies Act, 1956. The said company had obtained lease of the land appertaining to Municipal Survey No.119, Holding No.251, 247, 231, 212 and 212A, Circle No.6, Ward No.2, situated at Frazer Road, P.S.-Kotwali, District-Patna. The land was originally owned and possessed by one Jagdish Prasad who was Managing Director of the Company.

(3.) The Company faced a liquidation process in Company Case No.10 of 1996 but during the on-going liquidation proceeding the Managing Director of the Company entered into a memorandum of understanding dtd. 8/11/2006 with one Rupam Prakash (Director of the petitioner no.2) and arranged funds to pay all dues to the creditors of the company. By the end of December, 2009 the petitioner no.2 had paid a total consideration amount of Rs.1,41,49,000.00.