Bihar State Industrial Development Corporation Ltd. v. State of Jharkhand
2013-01-30
JAYA ROY, PARKASH TATIA
body2013
DigiLaw.ai
ORDER By the Court.-Heard learned counsel for the parties. 2. Learned counsel for the B.S.I.D.C. submitted that now B.S.I.D.C. has taken steps to sell its large number of properties which are situated in the State of Jharkhand as well as in the State of Bihar. By that, the B.S.I.D.C. will be getting more than sufficient fund to discharge its liability. It is also submitted that the petitioner has also taken steps and even issued advertisement through the competent committee after getting the valuation of the properties. However, initially, no requisite bidders came and therefore, it has been again advertised. 3. It is also submitted by the learned counsel for the B.S.I.D.C. that some of the properties have been attached under certificate proceedings on initiation of the Jharkhand State Electricity Board and because of that reason some books of account and even cheques are lying in the premises attached under certificate proceedings. It is submitted that the petitioner may be permitted to take out the books of account and the cheques etc., which are not salable properties from the premises which is attached. 4. Learned counsel for the B.S.I.D.C. also submitted that the State Electricity Board has attached his properties in spite of the fact that some of the B.S.I.D.C.'s land has been taken by the State Electricity Board and it has constructed its Grid Station and the State Electricity Board is raising demand and has not given adjustment of the cost of the land against any liability of the B.S.I.D.C. 5. Presently, we are concerned with the issue of the payment to the workmen for which we have passed detailed order in this petition and thereafter, it appears that the B.S.I.D.C. has taken steps because of the strong orders passed in this petition. 6. The B.S.I.D.C. may now proceed to auction its properties without any delay and make provision for payment of the workmen. 7. The State Electricity Board as well as the Certificate Officer may permit the officers of the B.S.I.D.C. to take the books of accounts and cheque books only, from the premises so that if any amount can be paid to the workmen, that may be paid to the workmen without any delay even prior to selling of the properties.
7. The State Electricity Board as well as the Certificate Officer may permit the officers of the B.S.I.D.C. to take the books of accounts and cheque books only, from the premises so that if any amount can be paid to the workmen, that may be paid to the workmen without any delay even prior to selling of the properties. We are making it clear that the B.S.I.D.C. shall take steps for making payment to the workmen from its own sources and which may be available to the B.S.I.D.C. apart from the steps taken for selling of the properties. 8. We are hopeful that the B.S.I.D.C. will be in a position to pay some of the amount to the workmen and whatever amount they can pay, they must pay to the workmen. 9. To know the progress, put up this case on 5th March, 2013 in supplementary list. 10. It is made clear that if during this period or- subsequent to it, if any property sold by the B.S.I.D.C., the sale proceed shall not be utilized without leave of this Court. 11. copy of the order be given to the counsel for the petitioner, counsel for the State Electricity Board and the counsel for the B.S.I.D.C. Ordered accordingly.