- (1.) LEARNED counsel appearing for the petitioner submits that the petitioner was a Director of Nalanda Ceramic & Industries Ltd. Subsequently, he ceased to be the Director w.e.f. 21.09.1981. However, he was surprised to receive a notice, issued in terms of Section 7 of the Bihar and Orissa Pubic Demand Recovery Act, wherefrom an amount of Rs.44,76,846.18 was sought to be realized from the petitioner though the petitioner at the relevant point of time i.e. from January, 1986 to December, 1989, when default was made in making payment of the electricity dues, was not the Director and that before notice was issued in terms of Section 7 of the Bihar and Orissa Pubic Demand Recovery Act, certificate had been drawn in the name of the company itself. Still notice was given under Section 7 to this petitioner and, therefore, the petitioner has moved to this Court for quashing of the said notice as contained in Memo No.153 dated 24.04.2003 (Annexure-6).
(2.) LEARNED counsel appearing for the petitioner further submits that in the year 1984-85, the Board had entered into an agreement with the Company for supply of the Electricity of 500 KVA and on account of that, whatever amount was due against the company, that was with respect to new agreement, which the petitioner had nothing to do with and as such the petitioner is never liable to pay certificate amount. It was also argued that the said Company is under liquidation and an order relating to winding up of the Company has already been passed in the year 1989 and hence, the Company cannot be proceeded with the matter relating to realization of any dues on account of the provision as contained in Section 446(1) of the Companies Act without the leave of the Company Court. However, Mr. V.P. Singh, learned Senior counsel appearing for the Electricity Board submits that he was not aware about this case and, therefore, the case be adjourned for a week so that in the meantime, he may get ready with the case. As prayed for, let all these cases on 08.03.2011. Let a copy of this order be handed over to Mr. V.P. Singh, learned Senior Counsel appearing for the J.S.E.B.;