Court No. - 29
Case :- WRIT - C No. - 2182 of 2019 Petitioner :- Shravan Kumar Vishnoi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nishant Mishra,Vipin Kumar Kushwaha Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Nishant Mishra, learned counsel for the petitioner and the learned Standing counsel for the respondents.
The petitioner is a Resolution Professional in respect of M/s. JHV Distilleries and Sugar Mills Limited in respect of whom corporate insolvency resolution process is under way under the Insolvency and Bankruptcy Code, 2016 is pending before the National National Company Law Tribunal (in short NCLT) Kolkata.
The petitioner wants that 2nd and 3rd respondents, District Magistrate. Kushinagar and Sub-Divisional Magistrate Padrauna, Kushinagar be directed to handover the assets of the aforesaid company to him.
In view of the fact that insolvency proceedings under IBC against the said company are pending before the NCLT which is a self contained code, the petitioner for the above purpose may approach the NCLT for appropriate direction.
In view of the above, we refrain ourselves from interfering in the matter. However, in case any application in this regard is moved before the appropriate forum, it may be considered on its own merit in accordance with law.
The writ petition is dismissed with the above observation.
Order Date :- 29.1.2019 SKS