Disposed

State of Tamil Nadu v. M/S.Hindustan Photo Films

Madras HC12 Oct 2023WP/30035/2023

Case brief

AI extract

What is this about?

In a writ petition challenging a sale notice issued by an Official Liquidator under IBC 2016 regarding government-resumed land, the Court found no imminent apprehension of harm as no bids were received and the sale did not take place, leading to the disposal of the petition without addressing maintainability.

What did the court decide?

The writ petition was disposed of; no order as to costs; consequential writs (W.M.P. Nos. 29663 and 29666 of 2023) were closed.

State of Tamil Nadu Vs M/S.Hindustan Photo Films — Insolvency and Bankruptcy | Madras HC (2023)

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W.P.No.30035 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.10.2023

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CORAM :

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THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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W.P.No.30035 of 2023

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The State of Tamil Nadu

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rep. By its Secretary to Government Revenue and Disaster Management Department Fort St. George, Chennai – 600 009.

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The District Collector O/o. The District Collector Nilgiris.

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The District Forest Officer Nilgiris Forest Division Nilgiris. .. Petitioners

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Hindustan Photo Films Manufacturing Co. Ltd rep. By the Official Liquidator, C.A.Mahalingam Suresh Kumar SSP Insolvency Professions LLP No.27/9, Nivedh Vikas Pankaja Mill Road, Puliyakulam Coimbatore – 641 045.

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___________ Page 1 of 6_

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https://www.mhc.tn.gov.in/judis

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W.P.No.30035 of 2023

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C.A.Mahalingam Suresh Kumar SSP Insolvency Professions LLP No.27/9, Nivedh Vikas Pankaja Mill Road, Puliyakulam Coimbatore – 641 045.

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The Registrar National Company Law Tribunal Division Bench-I Chennai.

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.. Respondents

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Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records on the file of the second respondent with respect to sale notice under IBC 2016 dated 11.9.2023 in the matter of M/s.Hindustan Photo Films Mfg Co. Limited (In Liquidation) with respect to sale of assets and properties owned by M/s.Hindustan Photo Films Mfg Co. Limited (In Liquidation) forming part of Liquidation Estate by the Liquidator appointed by the National Company Law Tribunal, Chennai, Chennai Bench vide order No:IA(IBC)/204(CHE)/2023 in TCP/1/2021, dated 31.3.2023 and quash the same.

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For the Petitioners

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: Mr.J.Ravindran

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Additional Advocate General assisted by Dr.T.Seenivasan Special Government Pleader assisted by Mr.S.J.Md.Sathik Government Advocate

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___________ Page 2 of 6_

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https://www.mhc.tn.gov.in/judis

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W.P.No.30035 of 2023

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For the Respondents : Mr.A.G.Sathyanarayana Counsel for the Official Liquidator appointed by NCLT

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ORDER

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(Order of the court was made by the Hon'ble Chief Justice)

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We have heard Mr.J.Ravindran, learned Additional

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Advocate General.

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Mr.A.G.Sathyanarayana, learned counsel for the

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Official Liquidator appointed by the National Company Law Tribunal (NCLT), is present before the court.

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Learned Additional Advocate General submits that

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auction is sought to be held on the basis of the order passed by the NCLT in respect of the government land and the said government land has been resumed by the government from the Corporate Debtor under order dated 19.2.2020. However, in spite of the fact that the land is resumed by the government,

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___________ Page 3 of 6_

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https://www.mhc.tn.gov.in/judis

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W.P.No.30035 of 2023

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the sale of that asset is being conducted. The sale is scheduled today.

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Learned counsel for the Official Liquidator submits that the bid time is over and no bids are received. The sale pursuant to the sale notice issued by the Liquidator, which is the subject matter of challenge in the present writ petition, now would not take place. The last date for receipt of the Earnest Money Deposit (EMD) was 5.10.2023 and no EMD has been received.

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In view of that, the imminent apprehension that the petitioners had would not survive. The petitioners may appear before the NCLT and make necessary applications, as may be permissible.

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In view of the above, we have not entered into the question of maintainability of the writ petition.

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Page 4 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.30035 of 2023

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The writ petition is disposed of accordingly. There will be no order as to costs. Consequently, W.M.P.Nos.29663 and 29666 of 2023 are closed.

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(S.V.G., CJ.) (D.B.C., J.) 12.10.2023 Index : Yes/No Neutral Citation : Yes/No sasi

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To:

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The Registrar National Company Law Tribunal Division Bench-I Chennai.

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___________ Page 5 of 6_

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https://www.mhc.tn.gov.in/judis

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W.P.No.30035 of 2023

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THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

(sasi)

W.P.No.30035 of 2023

12.10.2023

___________ Page 6 of 6_

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https://www.mhc.tn.gov.in/judis

State of Tamil Nadu v. M/S.Hindustan Photo Films

Case brief

What is this about?

What did the court decide?

State of Tamil Nadu v. M/S.Hindustan Photo Films

Case brief

What is this about?

What did the court decide?

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