Dismissed

Southern Polypet P.Ltd., v. The Union of India

Madras HC23 Aug 2017WP/22431/2017

Case brief

AI extract

What is this about?

The High Court dismissed a writ of certiorari petition challenging an NCLT order. The Court held that since the petitioner had an available appeal remedy before the Appellate Tribunal which was not exhausted, the writ petition could not be entertained and stood closed.

What did the court decide?

The writ petition stands closed; the petitioner is directed to approach the National Company Law Appellate Tribunal.

Southern Polypet P.Ltd., Vs The Union of India — Company and Corporate | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 23.08.2017

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CORAM

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THE HON'BLE MR.JUSTICE M.DURAISWAMY

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W.P.No.22431 of 2017 & W.M.P.Nos.23558 & 23559 of 2017

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Southern Polypet Private Limited Having its Registered office at 40/5, SathyaMoorthy Street Devaraj Nagar Main Road Dasarathapuram, Saligramam Chennai - 600 093 Now Having its Office at No.3 Kamarajar Road TASS Industrial Estate Ambattur, Chennai -600 098 ... Petitioner v. 1 The Union of India Rep. by Secretary to Government Ministry of Corporate Affairs A Wing, Shastri Bhawan Rajendra Prasad Road, New Delhi 110 001 2 M/s.Eastern Plastix Rep. by Managing Partner Mr.V.Chandrasegaran No.98/12, SIDCO Industrial Estate Thirumudivakkam, Chennai 600 004 3 National Company Law Tribunal Chennai Bench Rep. by The Registrar Corporate Bhavan, 3rd Floor 29 Rajaji Salai, Chennai 600 001 ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to C.P.No.474 (IB)/CB/ 2017 order dated 30.05.2017 passed by the 3rd respondent and to quash the same

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For Petitioner : Mr.Goda Raghavan For Respondent : Mr.V.Venkatesan SCGSC - for R1

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https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

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Mr.V.Venkatesan, learned Senior Central Government Standing Counsel, takes notice for the 1st respondent. By consent, the main writ petition itself is taken up for disposal at the admission stage itself.

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The petitioner has filed the above writ petition to issue a Writ of Certiorari to call for the records relating to the impugned order passed by the National Company Law Tribunal, Chennai Bench, dated 30.05.2017and to quash the same.

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If the petitioner is aggrieved over the impugned order passed by the National Company Law Tribunal, Chennai Bench, an appeal remedy is provided to him before the Appellate Authority, viz., National Company Law Appellate Tribunal, New Delhi,

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Without exhausting the appeal remedy, the petitioner has filed the present writ petition challenging the impugned order passed by the 3rd respondent before this court.

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Since the petitioner has not exhausted the appeal remedy, I am of the view that the writ petition filed under Article 226 of the Constitution of India cannot be entertained. Accordingly, the writ petition stands closed. However, it is open to the petitioner to challenge the impugned order dated 30.05.2017 before the National Company Law Appellate Tribunal, New Delhi, in accordance with law. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/-

Asst.Registrar (CO)

/true copy/

Sub Asst. Registrar

1 The Secretary to Government

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Union of India

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Ministry of Corporate Affairs A Wing, Shastri Bhawan Rajendra Prasad Road, New Delhi 110 001

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https://hcservices.ecourts.gov.in/hcservices/

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2 The Managing Partner
M/s.Eastern Plastix
Mr.V.Chandrasegaran
No.98/12, SIDCO Industrial Estate
Thirumudivakkam, Chennai 600 004
3 The Registrar
National Company Law Tribunal
Chennai Bench
Corporate Bhavan, 3rd Floor
29 Rajaji Salai, Chennai 600 001
4.The National Company Law Appellate Tribunal,
New Delhi.
+1cc to Mr.Anirudh Krishnan,Advocate sr.60850
+1cc to Mr.V.Venkatesan,Advocate sr.60609
W.P.No.22431 of 2017 &
W.M.P.No.23558 & 23559 of 2017
sr(co)
ss(8/9/2017)

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https://hcservices.ecourts.gov.in/hcservices/

Southern Polypet P.Ltd., v. The Union of India

Case brief

What is this about?

What did the court decide?

Southern Polypet P.Ltd., v. The Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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