Petitioner sought removal of its goods and materials left at a site after Respondent No.2 underwent CIRP and was taken over by GAIL. Court declined to rule on writ viability versus alternate remedy but directed respondents to consider petitioner's representation within six weeks.
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Through: Mr. Sidharth Chopra, Mr. Ashim Dua and Mr. Navneet Thakran, Advocates.
versus
GAIL INDIA LIMITED AND ANR. ..... Respondents Through: Ms. Eshna Kumar, Mr. Lakshmi Kant Srivastava, and Mr. Akshat Mashewari, Advocates for R-1. Mr. Samiron Borkataky, Advocate for R-2.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R % 02.04.2024
“ a. Issue a writ of mandamus or any other writ, orders or directions to Respondent No.1 to allow the representation of the Petitioner dated 20.11.2023.
b. Issue a writ of mandamus or any other writ, orders or directions to Respondent No.1 and Respondent No.2 to hand over the materials/ equipment’s/ goods/ tools and tackles that solely belongs to the Petitioner.
c. Pass such other or further order as this Hon'ble Court may deem fit and proper in the facts and circumstance of the case. ”
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2024 at 12:06:03
for various works at its Mangalore site. It is stated that Respondent No.2 has gone through CIRP proceedings and has now been taken over by Respondent No.1. The Petitioner has given a representation to the Respondent No.1 on 14.07.2023 for permission to remove the goods lying at the site.
SUBRAMONIUM PRASAD, J
APRIL 2, 2024 Rahul
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2024 at 12:06:03
1 issue framed by the court
Whether the Court should direct respondents to consider the petitioner's representation regarding removal of its goods from the site despite alternate remedy objections.
Supertech Engineers
GAIL India Limited
Respondent No.2
Subramonium Prasad
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
