IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12604 of 2009 MRIGENDRA PRATAP SAHI S/O LATE MAHARAJ BAHADUR GOPESHWAR PRASAD SAHI (MOTHER’S NAME MAHARANI DURGESHWARI SAHI)RESIDENT OF VILLAGE & POST – HATHWA, P.S. MIRGANJ, DISTRICT – GOPALGANJ. ... ... PETITIONERS. Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, GOPALGANJ 3. THE DISTRICT CERTIFICATE OFFICER, GOPALGANJ. 4. THE BIHAR STATE ELECTRICITY BOARD, PATNA THROUGH EXECUTIVE ENGINEER SUPPLY DIVISION – GOPALGANJ. 5. M/S HATHUA VANASPATI PVT. LTD., GOPALGANJ THROUGH THE OFFICIAL LIQUIDATOR, PATNA HIGH COURT, 4TH FLOOR MAURYA LOK COMPLEX DAK BUNGLOW ROAD, PATNA. ... ... RESPONDENTS. ----------- 2. 8.10.2009. Petitioner is the Ex-Director of M/S Hathua Vanaspati Pvt. Ltd., which is under liquidation on the basis of the report of the Board for Industrial and Financial Reconstruction, Delhi( hereinafter referred to as the BIFR) He has filed this writ application assailing the warrant of arrest issued by the District Certificate Officer, Gopalganj dated 6.6.2009 as contained in Annexure-2 where under petitioner has been directed to deposit the electricity dues of M/S Hathua Vanaspati Pvt. Ltd. amounting to Rs.16,00,000/- incurred by the Company while it was under the ex-management, - 2 - failing which petitioner has been called upon to appear on 3.7.2009 for being committed to civil prison. 2. It is submitted on behalf of the petitioner that the certificate proceeding was initiated against the Company in liquidation vide Certificate Case No.1 of 1993-94 by the District Certificate Officer, Gopalganj while the report of the BIFR was pending consideration before the Company Judge of this Court. The proceeding remained pending and was ultimately dropped by the District Certificate Officer under order dated 20.12.1999/21.1.2000. The order closing the certificate proceeding was assailed by the Electricity Board by filing Certificate Appeal No.2 of 2000 before the Collector of the District, Gopalganj, who under orders dated 3.5.2005 re-opened the certificate proceeding with direction to the Certificate Officer to implead the petitioner Ex-Director of the company in liquidation as a certificate debtor. It is submitted on behalf of the petitioner that - 3 - order dated 3.5.2005 was passed without notice to the petitioner. It is also submitted on behalf of the petitioner that electricity dues of M/S Hathua Vanaspati Pvt. Ltd. is to be realized from the sale proceeds of the assets of the Company and not from the petitioner in person. It is further contended that in terms of the provisions contained in Section 446 of the Companies Act, the proceeding to realize the electricity dues of the Company in liquidation can proceed in the certificate court only with the leave of the Company Judge and not otherwise. In this connection, it is also highlighted that in view of Clause-15 of Scheduled-I of the P.D.R. Act, the electricity dues of the company cannot be recovered from the petitioner as there is no written agreement between him and the Board to realize the dues from the petitioner through public demand. It is further submitted on behalf of the petitioner that had the Collector Gopalganj passed the order dated 3.5.2005 after giving notice to the petitioner he - 4 - should have highlighted the submission raised above before learned Collector but as petitioner was not given notice either by the Collector, Gopalganj or by the Certificate Officer, Gopalganj pursuant to order dated 3.5.2005 he had no opportunity to make the aforesaid submissions before them and meanwhile, the warrant of arrest has been issued against him on 6.6.2009, hence the writ petition seeking recall of the warrant of arrest, Annexure-2. 3. Having heard counsel for the petitioner and the Bihar State Electricity Board, I direct the petitioner to file his objection under Section 9 of the P.D.R. Act before the Certificate Officer, Gopalganj highlighting the submission noted above as also the other points which may be available to him and the Certificate Officer should consider the same in accordance with law and until such consideration no coercive step be taken against the petitioner pursuant to warrant of arrest issued by the Certificate Officer dated 6.6.2009 (Annexure-2). It is however - 5 - N.H./ made clear that the petitioner should file his objection within 30 days from today and the Certificate Officer shall be obliged to dispose of the same within another one month from the date of its receipt. 4. This writ application is, accordingly, disposed of. ( V.N. Sinha,J.)