Petitioner company struck off the register filed writ petitions challenging a foreign trade appeal order. The Court found the company struck off and counsel lacked instructions, so it closed the petitions without testing the order's correctness.
Writ petitions closed; left open to reopen issue if company restored; no costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.11.2017
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
W.P.Nos.23857 & 23858 of 2006 & M.P.Nos.1 & 2 of 2006
M/s.Karware Impex P. Ltd., rep. by its Managing Director, Mr.V.Subhramaniyam, Devadanam Village, Minjur, Ponneri Taluk, Tiruvellore District-601 203. ... Petitioner in WP.23857/06 2. V.Subhramaniyam ... petitioner in WP.23858/16 Vs. 1.The Additional Director General of Foreign Trade, Ministry of Commerce & Industry, Department of Commerce, Directorate General of Foreign Trade, Udyog Bhavan, New Delhi-110 001.
2.The Zonal Joint Director, General of Foreign Trade, Office of the Zonal Joint, Director General of Foreign Trade, 38 & 39, Whites Road, Royapettah, Chennai-600 014.
3.The Director General of Revenue Intelligence, Ministry of Finance, Department of Revenue, Zonal Unit, No.25, Gopalakrishna (Iyer) Road, T.Nagar, Chennai-600 017. ... Respondents in both W.Ps.
Petitions filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, to call for the records of the impugned common Order In Appeal dated 18.05.2006 bearing Ref.No.11/105 & 316/2005-06/ECA.1 passed by the first respondent and quash the same.
For Petitioner : Mr.C.Saravanan
For Respondents : Mr.V.Sundareswaran, Senior Panel Counsel
C O M M O N O R D E R
The petitioner has filed these writ petitions challenging the order passed by the appellate authority rejecting the petitioner's appeal petition filed against the order passed by the Joint Director General of Foreign Trade dated 10.06.2005.
2.It may not be necessary for this Court to go into the correctness of the impugned order. In the light of the memo filed by the learned counsel for the petitioner enclosing the registered letters sent by the learned counsel for the petitioner to the petitioner, which were returned with a postal endorsement “left without instructions”. Therefore, the learned counsel for the petitioner reports no instruction as of now. Apart from that, from the official website of the Ministry of Corporate Affairs, it is seen that the company has been struck off from the roll of the Registrar of Companies. In such circumstances, there may not be any necessity for this Court to test the correctness of the impugned order.
3.Accordingly, these writ petitions are closed, leaving it open to the petitioner to reopen the issue, in the event, the company restored to the file of the Registrar of Companies. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar(CS-iv)
//True Copy//
Sub Assistant Registrar
abr
To
1.The Additional Director General of
Foreign Trade, Ministry of Commerce & Industry, Department of Commerce, Directorate General of Foreign Trade, Udyog Bhavan, New Delhi-110 001.
2.The Zonal Joint Director, General of Foreign Trade, Office of the Zonal Joint, Director General of Foreign Trade, 38 & 39, Whites Road, Royapettah, Chennai-600 014. 3.The Director General of Revenue Intelligence, Ministry of Finance, Department of Revenue, Zonal Unit, No.25, Gopalakrishna (Iyer) Road, T.Nagar, Chennai-600 017.
+1cc to Mr.V.SUNDARESWARAN Advocate, S.R.No. 81546
+2 cc to Mr.C.SRAVANAN Advocate, S.R.No. 81573
W.P.Nos.23857 & 23858 of 2006
NM(CO)
TR(12/12/2017)
3 issues framed by the court
Whether writ petitions challenging the foreign trade appeal order need adjudication when the petitioner company has been struck off the register and counsel reports no instructions.
Whether to allow the writ petitions given the company's struck-off status and lack of instructions from the petitioner.
Whether the writ petitions can remain in abeyance pending restoration of the company.
1 provisions across 1 enactments
M/s. Karware Impex P. Ltd. represented by Mr. V. Subhramaniyam
The Additional Director General of Foreign Trade
The Zonal Joint Director of Foreign Trade
The Director General of Revenue Intelligence
T.S. Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
