This order dismisses a writ petition challenging a plot cancellation order without expressing views on merits, due to the petitioner's insolvency, liquidation, and failure to amend the petition for prosecution by the appointed liquidator.
The Writ Petition was dismissed without expressing any view on the merits. No costs.
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.
W.P. No. 8697 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.11.2023
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 8697 of 2021 and
W.M.P. No. 9233 of 2021
M/s. Sri Ganga Steels Enterprises Private Limited, Represented by its Authorized Signatory, K.Sudhakar, S/o. Kuppan, Plot No. B-41(S), SIPCOT Industrial Complex, Gummidipoondi.
… Petitioner
-vs-
... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari to call for the records in proceedings vide reference letter P-II/SICG/Sri Ganga/2001 dated 05.01.2021 on the file of the 1st respondent and quash the same.
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W.P. No. 8697 of 2021
For Petitioner : Ms. K.Jayasudha For Respondents : Mr. R.Gunalan, Standing Counsel
O R D E R
Heard Ms. K.Jayasudha, Learned Counsel for the Petitioner and
Mr. R.Gunalan, Learned Standing Counsel appearing for the Respondents and
perused the materials placed on record, apart from the pleadings of the parties.
W.P. No. 8697 of 2021
Proceedings in P-II/SIGC/652/Sri Ganga/2001 dated 05.01.2021 in the exercise of powers under condition no. 6 of the said allotment order and clause no. 15(a) of that lease deed, cancelled the allotment of the said plot and required the Petitioner to execute the surrender deed within 15 days from the date of its receipt, failing which it has been informed that the plot would be resumed under the Tamil Nadu Public Premises (Eviction of Unauthorized Occupants) Act, 1975, which is assailed in this Writ Petition.
“1. It is most respectfully submitted that Corporate Insolvency Resolution Process was instituted by the Hon'ble NCLT, Hyderabad vide its order dated 31.10.2022 in CP(IB) 164/2022. Pursuant to the failure of successful resolution, the Petitioner company was ordered to be liquidated by the Hon'ble NCLT, Hyderabad in TA(IBC)/1301/2023 in CP (IB) 164/2022 dated 28.08.2023 and Mr.Abhay Narayan Manudhanae was appointed as the Liquidator of the Petitioner Company.
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W.P. No. 8697 of 2021
2.
2. It is respectfully submitted that the Board of the Petitioner
Company has been suspended and the Petitioner company has to
be represented by the Liquidator, Mr.Abhay Narayan Manudhanae to prosecute the WP 8697 of 2021 pending adjudication before this Hon'ble Court.
3. We are instructed to state that the erstwhile directors of the Petitioner Company have informed the liquidator about the pendency of this Writ Petition before this Hon'ble Court and in
this circumstances, this Hon'ble Court may pass appropriate
order as this Hon'ble Court deems fit in the interest of justice”
The copy of the order dated 28.08.2023 in I.A. No. 1301 of 2023 in C.P. (IB) No. 164/7/HDB/2022 passed by the National Company Law Tribunal Hyderabad Bench – II, Hyderabad has also been placed on record.
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W.P. No. 8697 of 2021
In such circumstances, the Writ Petition is dismissed without expressing
any view on the merits of the controversy involved in the matter. However, it would not preclude any person stepping into the shoes of the Petitioner from applying for revival of the Writ Petition in accordance with law. Consequently, connected miscellaneous petition is closed. No costs.
07.11.2023
Index: Yes/No NCC: Yes/No
Note: Issue order copy by 24.05.2024.
nsl
To
Chennai – 600 008.
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W.P. No. 8697 of 2021
P.D. AUDIKESAVALU, J.
nsl
W.P. No. 8697 of 2021
07.11.2023
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M/s. Sri Ganga Steels Enterprises Private Limited
The Managing Director, SIPCOT
The Project Officer, SIPCOT Industrial Complex, Gummidipoondi
The Estate Officer, SIPCOT Industrial Complex, Gummidipoondi
P.D. AUDIKESAVALU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
