In a writ petition filed by Two Way Container Lines against NCLT orders, the Calcutta High Court dismissed the petition as infructuous since the impugned orders were no longer by the authorities.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WPO 149 of 2020 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE
TWO WAY CONTAINER LINES PVT LTD AND ANR VS NATIONAL COMPANY LAW TRIBUNAL AND ORS
BEFORE:
The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA Date : 16th December, 2020.
Appearance: Mr. Debu Chowdhury, Adv. …for NCLT. Mr. Avishek Gupta, Adv. …for respondent.
The Court : When the matter is being moved by learned Counsel for the petitioner, learned Counsel for the respondent no. 2 submits that the orders of the NCLT, which have been challenged in the present writ petition, are not being implemented any further by the authorities.
Learned Counsel for the petitioner submits that such a stand taken by the respondent no. 2 strengthens the case of the petitioners for taking legal action for malicious prosecution on the part of the respondents. As such, learned Counsel for the petitioner prays for liberty to proceed before an appropriate forum.
It is evident from the submission of the parties that the cause of action for the present writ petition has become academic in view of the respondent
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authorities having admittedly desisted from proceeding with the order impugned. As such, the impugned orders have lost force.
Even otherwise, an equally efficacious remedy would have been available to
the petitioner before the NCLAT against the order impugned herein.
In the event the petitioner is entitled in law to take legal action against the respondents for malicious prosecution or otherwise, no specific liberty is required from the writ Court, which does not have jurisdiction to take up such other matter and the petitioner can, in any event, take any legal action to which the petitioner is entitled in law.
Thus, WPO 149 of 2020 is disposed of as infructuous on the above observations.
There will be no order as to costs.
Urgent certified website copies of this order, if applied for, be supplied to
the parties upon compliance of all requisite formalities.
(SABYASACHI BHATTACHARYYA, J.)
SK.
Two Way Container Lines Pvt Ltd
National Company Law Tribunal
Sabyasachi Bhattacharyya
As recorded by the court registry
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