RAVI S.DHAVAN, J. - (1.) THESE proceedings are preliminary in nature and upon having heard learned counsel for the parties, on consent by all of them no aspect of the merits of the claim of any party is decided. But certain preliminary questions have arisen and these must be answered.
(2.) THESE preliminary questions are : the aspect which gave occasion to these issues is an order, which had been passed on May 16, 2000, by the judge in C. W. J. C. No. 5510 of 2000 that regard being had in the circumstances that a Company Petition No. 2 of 1996 (R) for winding up of Kumardhubi Metal Casting and Engineering Ltd., P. O. Kumardhubi, District Dhanbad, is pending. In the circumstances all other matters relating to the recovery of debts of the creditor, including proceedings arising out of or challenging the order of the Tribunal under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, be transferred to the Bench of the Patna High Court at Ranchi. The order of the judge, aforesaid, is reproduced below : 'Heard learned counsel for the petitioner and the bank. Learned counsel for the bank submits that Company Petition No. 2 of 1996 (R) for winding up of respondent No. 4 is pending before the company judge of the Ranchi Bench of this court. The two are interconnected and have a good deal in common. In order to avoid conflicting decisions/ orders, let this case be placed before the judge at the Ranchi Bench, who has been assigned the original company jurisdiction, after obtaining orders of the Hon'ble Chief Justice. It will be open to learned counsel for the bank to raise the question ot maintainability of the present writ petition which has been preferred without availing of the statutory remedy of appeal.' This in itself gave rise to two aspects (a) whether the Chief Justice could transfer these proceedings to Ranchi and (b) within the same High Court could there be winding up proceedings before two company judges.
(3.) IN the circumstances, the present Letters Patent appeal had been filed by the petitioner Tata Iron and Steel Company Ltd., for consideration of issues on these two aspects.;