Tamil Nadu Civil Supplies Corporation, v. The Deputy Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and WMP No.2781 of 2021 Tamil Nadu Civil Supplies Corporation, Rep. by its Managing Director, Tmt.M.Sudha Devi, 12, Thambusamy Road, Kilpauk, Chennai 600 010.

.. Petitioner -vs1. The Deputy Registrar, National Company Law Tribunal, Corporate Bhavan, No.29, Rajaji Salai, Chennai 600 001.

2. R.Raghavendran Liquidator of M/s.Veesons Energy Systems Private Limited, Flat No.3, Dhruvatara Apartments, 241, Dr.Rajendraprasad Road, Tatabad, Coimbatore 641 012.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records of the impugned order dated 07.01.2020 passed by the 1st respondent in MA/937/2019 in CP/510/IB/2017 and quash the same as illegal and non-est in law.

For the Petitioner :

Mr.M.K.Kabir Senior Counse for M/s.C.Selvaraj For the Respondents :

Mr.K.Ramanamoorthy Central Govt. Stdg. Counsel for R-1 :

Mrs.Deepa Mariappan for Mr.B.Dhanraj for R-2 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.M.K.Kabir, learned senior counsel for the petitioner, Mr.K.Ramanamoorthy, learned counsel for respondent No.1 and Mrs.Deepa Mariappan, learned counsel for respondent No.2.

2. The learned Senior Advocate for the petitioner submits that the petitioner is directed to deposit an amount of Rs.77,53,220/- (Rupees seventy seven lakhs fifty three thousand two hundred and twenty only) under the impugned order. The amount actually liable to be paid is Rs.62,32,279/- (Rupees sixty two lakhs thirty two thousand two hundred seventy nine only). The learned Senior Advocate submits that the petitioner would move the National Company Law Tribunal (NCLT) with regard to the disputed amount of Rs.15 lakhs.

3. In light of that, the petitioner may approach the NCLT and file an appropriate application as may be permissible under law. In that event, all the contentions of the respective parties are kept open. With the aforesaid observation, the writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

(S.V.G., CJ.) (D.B.C., J.) 07.02.2024 Index : Yes/No : Yes/No sra To

1. The Deputy Registrar, National Company Law Tribunal, Corporate Bhavan, No.29, Rajaji Salai, Chennai 600 001.

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

(sra) 07.02.2024