Dismissed¶24

Oren Hydro Carbons Pvt. Ltd.,Factory v. National Company Law Tribunal

Madras HC12 Feb 2025WP/4261/2025

Case brief

AI extract

What is this about?

Madras High Court dismisses in limine a writ petition by a contract-workers' union of Oren Hydro carbons Pvt. Ltd. seeking mandamus to NCLT Division Bench (Court-1), Chennai and IRP Shri.Radakrishanan Dharmarajan to dispose of claim application dated 09.06.2023 and pay unpaid wages/statutory dues per section 529A Indian Companies Act and section 53 IBC 2016; Article 226; W.P.No.4261 of 2025; decided 12.02.2025; 2025:MHC:818; counsel P.R. Thiruneelakandan.

What did the court decide?

The court saw no justification for the writ petition because the petitioner made no case that its claim would not be disposed of in accordance with law and the priority set out under the Insolvency and Bankruptcy Code, 2016, at the appropriate juncture; accordingly the petition was dismissed in limine. ¶23

Oren Hydro Carbons Pvt. Ltd.,Factory Vs National… — Insolvency and Bankruptcy | Madras HC (2025)

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2025:MHC:818

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W.P.No.4261 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.02.2025

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CORAM :

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THE HONOURABLE DR.JUSTICE ANITA SUMANTH and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

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W.P.No.4261 of 2025

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Oren Hydro carbons Pvt., Ltd., Factory -Contract Workers Employees Union, Rep by its President, Reg NO.124/DCL/Tirupathi, DVR Kandriga Nagaraja Kuppam, Nagari, Chittor District, Andrapradesh, PIN 517 590

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.. Appellant

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1.National company law Tribunal, Division Bench (Court-1), Chennai.

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2.The Management, Oren Hydro Carbons Pvt. Ltd. Nagari, Chittoor District, Andrapredesh.

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3.Shri.Radakrishanan Dharmarajan, Interim Resolution Professional (IRP), RDH& Co Chartered Accountants, No.31, Third Floor, Krishna, 1^st Avenue, 100 Feet road, Ashok Nagar, Chennai 600 083.

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.. Respondents

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Prayer: PETITION filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the 1^st and 3^rd respondent herein to consider the petitioner's claim application dated https://www.mhc.tn.gov.in/judis

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W.P.No.4261 of 2025

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09.06.2023 and settle the petitioner union members/ workers unpaid wage and statutory dues in terms of section 529A of the Indian Companies Act and section 53 of the Insolvency and Bankruptcy Code, 2016, within a stipulated time.

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For Petitioner : Mr.P.R.Thiruneelakandan

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O R D E R

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(Order of the Court was made by Dr.ANITA SUMANTH.,J)

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The prayer in the present writ petition is for a mandamus directing the 1^st and 3^rd respondents being the National Company Law Tribunal Division Bench (Court-1), Chennai and the Interim Resolution Professional (IRP) to dispose the petitioner's claim application dated 09.06.2023.

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2.We see no justification for the present writ petition as the petitioner has made no case to persuade us that its claim will not be disposed in accordance with law and priority as set out under the Insolvency and Bankruptcy Code, 2016, at the appropriate juncture.

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3.Hence, this writ petition is dismissed in limine.

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[A.S.M., J] [C.K., J] 12.02.2025

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Index:No Speaking order Neutral Citation:Yes vs

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

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2/4

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W.P.No.4261 of 2025