SATYA PRIYA KUMAR SINHA, S/O LATE SWATANTRA BHUSHA Vs. STATE OF BIHAR THROUGH INDUSTRIAL DEVELOPMENT COMM

JUDGEMENT

(1.) It appears from perusal of the impugned judgment dated 18.01.2018 passed in CWJC No.3322 of 2017 by the learned Writ Court that in respect of the Bihar State Handloom and Handicrafts Corporation Limited (hereinafter referred to as 'the Corporation') a winding up application giving rise to a company petition being Company Petition No.9 of 2016 was filed in the original jurisdiction of this Court which has been transferred to the National Company Law Tribunal, Kolkata Bench and the same is pending consideration. The petitioner is seeking a mandamus for a direction to the respondent Corporation for payment of retiral dues of the petitioner with statutory interest as well as penal interest from the date of retirement i.e. 31.12.2009.

(2.) Learned counsel for the writ petitioner-appellant submits that even though the company petition has been transferred to the National Company Law Tribunal, Kolkata Bench, the writ court could have exercised its extraordinary writ jurisdiction to pass an appropriate order directing the Corporation to pay the retiral dues of the petitioner.

(3.) In view of the admitted position that a winding up application for liquidation of the company in question has already been presented and the same is pending consideration before the National Company Law Tribunal, Kolkata Bench, in our opinion, the Writ Court has rightly refrained from issuing any direction which will have a financial implication. The National Company Law Tribunal, Kolkata Bench will be the only competent forum where either upon passing of the order of winding up or from a resolution plan for revival of the company or Corporation in question the petitionerappellant may seek his entitlement out of the funds available to the Corporation from the sale of assets of the Corporation pursuant to winding up or pursuant to the resources which may be available to the Corporation under a resolution plan.