IN THE HIGH COURT OF JUDICATURE AT PATNA Comp.App.(DB) No.11 of 2007 EX.MANAGEMENT OF M/S HATHWA VANASPATI LTD. Versus OFFICIAL LIQUIDATOR,PATNA HIGH & ORS. ----------- For the appellant: Mr. Kaushlendra Kumar Sinha For the respondent no.1 : Mr. Gautam Kejriwal For the respondent no.6 : Mr. Anjani Kumar --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 22nd September, 2008 We heard the counsel for the appellant. 2. The appeal is wholly misconceived and frivolous. 3. In paragraph -6 of the order, the company judge in unambiguous and categorical terms directed that land of the company (in liquidation) leased out by the Governor of Bihar in favour of the company (in liquidation) vide lease deed dated 18.9.1979 and later mortgaged by the company (in liquidation) to the financial institutions be sold. Obviously, there is no order by the company judge of selling any property other than the property belonging to the company and more particularly which was leased out by the Governor of Bihar vide lease deed dated 18.9.1979 and the said property was mortgaged by the company (in liquidation) to the financial institutions. 2 4. It appears that an unnecessary issue that the private property of the erstwhile management is being sold under the order of the company judge, has been raised since the order passed by the company judge is clear and categorical. The building or structure constructed over the land which has been leased out by the Governor of Bihar to the company (in liquidation) vide lease deed dated 18.9.1979 forms part of the property of company (in liquidation) and is liable to be sold and that is what has been ordered. 5. Letters patent appeal has no merit and is, accordingly, dismissed. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/