IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S).6436 OF 2024 (ARISING OUT OF S.L.P (CIVIL) NO(S).6703/2024)

RANVIR SINGH & ORS. APPELLANT(S)

VERSUS

M/S. ROHTAS INDUSTRIES LTD. (IN LIQUIDATION) THROUGH THE OFFICIAL LIQUIDATOR & ORS. RESPONDENT(S)

WITH

CIVIL APPEAL NO(S). 6437 OF 2024 (ARISING OUT OF S.L.P (CIVIL) NO. 6706/2024)

O R D E R

Leave granted.

Heard the learned senior counsel appearing for the parties.

In the Civil Appeal No.6436/2024, except appellant nos.8, 13, 20, 21, 25, 27, 28, 34, 37, 48, 49, 50, 52 and 58, all the other appellants have filed their undertakings. In Civil Appeal No.6437/2024, except appellant nos.8, 9, 11, 12, 20, 21, 24, 26, 28, 36, 38, 47, 49, 51, 54, 55, 76, 78 to 84 and 86 to 98, all the other appellants have filed their undertakings. The learned senior counsel appearing for the Liquidator has verified those undertakings. They are similar to the undertakings filed by the appellants in Civil Appeal No.3184/2024.

The learned senior counsel appearing for the Liquidator states that the appellant nos.48 and 49 in Civil Appeal No.6436/2024 have been already evicted. However, they have not filed the undertakings. Digitally signed by ASHISH KONDLE Date: 2024.05.20 15:17:04 IST Reason: Signature Not Verified

1

Hence, the Appeals are disposed of in terms of the order dated 26th February, 2024 passed in Civil Appeal No.3184/2024 only in relation to the aforesaid appellants who have given the undertakings. The appellants who have not filed the undertakings will not be entitled to the benefit of this order. We clarify that those who have given undertakings must pay the occupancy charges at the rates at which they have been paying the same to the Liquidator who will accept the same without prejudice to his rights and contentions. The payment of charges will not create any right or equity in favour of the occupants.

As far as appellant no.85 in Civil Appeal arising out SLP (C) NO. 6706/2024 is concerned, we clarify that though he has given undertaking, it is an admitted position that he has been already evicted. Therefore, the benefit of this order will not be available to him.

..........................J. (ABHAY S. OKA)

..........................J. (UJJAL BHUYAN)

NEW DELHI; MAY 15, 2024.

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 6703/2024

(Arising out of impugned final judgment and order dated 29-08-2023 in CA(DB) No. 9/2022 passed by the High Court of Judicature at Patna)

RANVIR SINGH & ORS. PETITIONER(S)

VERSUS

M/S. ROHTAS INDUSTRIES LTD. (IN LIQUIDATION) THROUGH THE OFFICIAL LIQUIDATOR & ORS. RESPONDENT(S)

(IA No. 74970/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES, IA No. 20820/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES AND IA No. 20818/2024 - PERMISSION TO PLACE ADDITIONAL FACTS AND GROUNDS)

WITH

SLP(C) No. 6706/2024 (XVI)

(IA No. 73848/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES, IA No. 8170/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES AND IA No. 8169/2024 - PERMISSION TO PLACE ADDITIONAL FACTS AND GROUNDS)

Date : 15-05-2024 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN

For Petitioner(s) Dr. Manish Singhvi, Sr. Adv. Mr. Sandeep Kumar Jha, AOR Dr. Manish Singhvi, Sr. Adv. Mr. Dharmendra Kumar Sinha, AOR Mr. Tathagat, Adv. Mr. Ghanshyam Mishra, Adv. Mrs. Deepmala, Adv. For Respondent(s) Mr. Devashish Bharuka, Sr. Adv.

Ms. Sarvshree, AOR Ms. Swati Mishra, Adv. Leave granted.

The Appeals are disposed of in terms of the signed order.

Pending applications stand disposed of accordingly.

(ASHISH KONDLE) (AVGV RAMU)

COURT MASTER (SH) COURT MASTER (NSH)

[THE SIGNED ORDER IS PLACED ON THE FILE]