Spic Petrochemicals Ltd v. Universal Cables Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN OSA.Nos.127 to 132 of 2009 SPIC Petrochemicals Limited Chennai-32 Appellant in all OSAs Vs

1. Universal Cables Limited, by its Attorney P.S.Ramachandran, Chennai-6

2. Asset Reconstruction Company (I) Limited Mumbai 400036 Respondents-OSA.127/2009

3. Grasim Industries Limited, by its Authorised Signatory, Sr.Manager and Power of Attorney Jayaprakash Shahal, Chennai-8 Respondents-OSA.128/2009

4. Bharat Heavy Electricals Limited, Power Sector Southern Region, Chennai-35

5. Asset Reconstruction Company (I) Limited Mumbai 400036 Respondents-OSA.129/2009

6. Godrej and Boyce manufacturing.Co. Limited by its Regional Manager K.M.Vinod Kumar Mumbai 400079

7. Asset Reconstruction Company (I) Limited Mumbai 400036 Respondents-OSA.130/2009

8. ION Exchange (India) Limited by its Power of Attorney T.D.srinivasan, Mumbai 400011 1/4

9. Asset Reconstruction Company (I) Limited Mumbai 400036 Respondents-OSA.131/2009 10.Larsen and Toubro Limited, Chennai-2 11.Asset Reconstruction Company (I) Limited Mumbai 400036 Respondents-OSA.132/2009 Prayer:- These Appeals have been filed, against the common order dated, 17.04.2009, made in CP.Nos.586 of 2000, 148 of 2005, 120 of 2003, 309 of 2003, 265 of 2002 and 61 of 2008, respectively, by this Court. For Appellant :

M/s.Shivakumar and Suresh-All OSAs For Respondents :

Mr.Ramasubramaniam-R1-OSA.130 of 2009 Mr.Meera Gupta-R1-OSA.131 of 2009 M/s.Surana and Surana for Mr.Kalyan Jhosakfor R2-OSA.131 of 2009 Mr.S.R.Sundar for Official Liquidator JUDGEMENT (Judgement of the Court was made by S.S.SUNDAR, J.) These appeals have been filed against the order dated, 17.04.2009, made in CP.Nos.586 of 2000, 148 of 2005, 120 of 2003, 309 of 2003, 265 of 2002 and 61 of 2008, filed by the Petitioners/Companies therein, directing winding up of the Appellant Company, by this Court. By the impugned order, the Appellant Company was directed to be wound up.

2. It is admitted before this Court that an Official Liquidator has also been appointed and in terms of the said order dated, 17.04.2009, the Appellant Company is now under the process of liquidation. The learned counsel for the Appellant Company has now filed memos, dated 04.01.2023, in all the appeals, stating that these appeals have become infructuous, in view of the liquidation 2/4

process. The learned counsel for the Appellant Company seeks for dismissals of these appeal, as infructuous, on the basis of the memos. Recording the submissions of the learned counsel for the Appellant and the memos dated 04.01.2023, filed by the learned counsel for the Appellant, these appeals are dismissed, as infructuous. No costs.

(S.S.S.R.J.) & (A.A.N..J.) Index:Yes/No Web:Yes/No Speaking/Non Speaking Srcm 3/4

S.S.SUNDAR, J.

and A.A.NAKKIRAN, J.

Srcm OSA.Nos.127 to 132 of 2009 4/4