LAWS(JHAR)-2012-10-6

SHIV NATH PRASAD AGARWAL Vs. STATE OF JHARKHAND

Decided On October 01, 2012
SHIV NATH PRASAD AGARWAL Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) THE petitioner has filed this interlocutory application with a prayer that the present writ application be heard along with W.P. (C) No. 3651 of 2010. THE petitioner in W.P. No. 3651 of 2010 is one of the respondents in the present writ application. However, from the statements made in the instant interlocutory application and the submissions of the learned counsel for the petitioner, it appears that the subject matter of the present writ application is related to the issues raised in the other writ petition being W.P. (C) No. 3651 of 2010. Accordingly, let this application be listed along with W.P. ( C) No. 3651 of 2010 before the appropriate Bench. Hence, the aforesaid I.A. No. 2601 of 2011 stands disposed

(2.) LEARNED Senior Counsel, Mr. P. K. Prasad seeks permission to withdraw this writ application in order to raise all the issues of law available to the petitioner in the First Appeal pending before this Court in respect of the same subject matter arising out of Land Reference Case. With the aforesaid liberty, this writ petition stands dismissed as withdrawn. From the submission of the parties, it appears that the writ petition arises out of the mutation proceeding. The subject matter of the writ petition appears to be assigned to another Bench. Accordingly, let this application be placed before the appropriate Bench.

(3.) IN the meantime, the petitioner received an attachment notice dated 11th April, 2007 from the Deputy Official Liquidator, Delhi High Court, asking the petitioner to remit the rental due to M/s. SBL INdustries Limited with the office of Official Liquidator in connection with the said Company which has been ordered to be wound up under order dated 23rd January, 2006, passed by the High Court of Delhi. The petitioner was informed that under Section 456 of the Companies Act, 1956 all assets, properties etc. are deemed to be in custody of the Hon'ble High Court of Delhi from the date of winding up orders and are to be delivered/remitted to the official liquidator. Since as per application no. 273 of 2007, the petitioner is a tenant of the premises of M/s. SBL INdustries Limited, the rent due for the period January, 2005 to till date, were directed to be remitted within 15 days of receipt of this said letter. Learned counsel for the petitioner further submits that the petitioner-company thereafter remitted the rental dues payable to M/s. SBL INdustries Ltd. in favour of Deputy Official Liquidator, Delhi High Court. However, the petitioner, in the meantime, received the impugned notice dated 9th August, 2007 threatening him to be declared as deemed defaulter for failure to deposit rental of the said premises in favour of E.P.F Organization. The petitioner thereafter filed a show cause dated 13th August, 2007 before the Regional Provident Fund Commissioner and Recovery Officer, E.P.F. Organization, Ranchi, vide Annexure-5 bringing to his notice the aforesaid fact and requesting him not to treat as a deemed defaulter in the aforesaid circumstances, However, the rental for July, 2004 till December, 2004 was remitted by a Cheque in favour of E.P.F Organization. IN these circumstances, learned counsel for the petitioner submits that though the Respondents-E.P.F Organization may have a valid claim of priority of payment of contribution over other debts in respect of E.P.F dues even in respect of the company under liquidation, the proper course for the Respondents-EPF Organization is to move before the concerned Company Court where the winding up proceedings are pending for disbursal of the amount of liability due from M/s. SBL INdustries Limited..