Madras High CourtWP/33166/2003dismissed

Pentafour Products Limited, v. The Union Of India, Rep. By

2019-02-13Honourable Mr Justice M.S. Ramesh6 pages

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 13.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH WP.No.33166 of 2003

1. PENTAFOUR PRODUCTS LIMITED, REP. BY ITS DIRECTOR V.RAMAKRISHNAN, NO.332/2, CHITRA TOWERS, ARCOT ROAD, KODAMBAKKAM, CHENNAI - 600024.

2. PENTAFOUR SOLEC TECHNOLOGY LIMITED, REP. BY ITS DIRECTOR V.RAMAKRISHNAN, NO.332/2, CHITRA TOWERS, ARCOT ROAD, KODAMBAKKAM, CHENNAI - 600024.

1. THE UNION OF INDIA REP. BY ITS SECRETARY TO GOVT.

MINISTRY OF LAW, JUSTICE & COMPANY AFFAIRS, NEW DELHI - 110001.

2. THE UNION OF INDIA REP. BY ITS SECRETARY TO GOVT.

MINISTRY OF FOOD AND CONSUMER AFFAIRS, NEW DELHI - 110001.

3. THE RESERVE BANK OF INDIA NO.16 FORT GLACIS, RAJAJI SALAI

4. THE REGIONAL DIRECTOR DEPARTMENT OF COMPANY AFFAIRS, SHASTRI BHAVAN NUNGAMBAKKAM, CHENNAI - 34.

5. THE DIRECTOR GENERAL OF POLICE (STATE OF TAMILNADU) O/O.THE DIRECTOR GENERAL OF POLICE, KAMARAJAR ROAD, CHENNAI - 4.

6. THE ADDL. DIRECTOR GENERAL OF POLICE (E.O.W.) ADMIRALTY HOUSE, GOVERNMENT ESTATE, CHENNAI - 2.

7. INDUSTRIAL DEVELOPMENT BANK OF INDIA, WORLD TRADE CENTRE, BOMBAY INDUSTRIAL DEVELOPMENT BANK OF INDIA, 115, ANNA SALAI, CHENNAI- 15.

8. INDUSTRIAL FINANCE CORPORATION OF INDIA, CONTINENTAL CHAMBERS,

142. M.G. ROAD, CHENNAI - 34.

9. INDUISTRIAL CREDIT INVESTMENT CORPORATION OF INDIA BANK, REP.BY ITS GENERAL MANAGER, CENOTAPH ROAD, CHENNAI - 18.

10. PNB MUTUAL FUND, REP. BY ITS SR. VICE PRESIDENT, JEEVAN BARATH BUILDING, TOWER - II, NEW DELHI - 110001.

THROUGH PNB ASSET MANAGEMENT CO. LTD.,

11. LIC MUTUAL FUND LIMITED, NO.17, THAKUR CHAMBERS, NARIMAN POINT, MUMBAI - 400021.

12. DENA BANK, REP. BY ITS MANAGER, ANNA SALAI, CHENNAI - 600002.

ON BEHALF OF DENA BANK INVESTMENT & FUNDS DEPARTMENT, BOMBAY.

13. INDIA SECURITIES LTD., REP. BY MR.K.RANGARAJ, ESSAR HOUSE, 14, HADDOWS ROAD,

14. INTEGRATED FINANCE CO. LTD., NO.112, THYAGARAYA ROAD,

15. IIT CAPITAL SERVICES LIMITED, REP. BY MR.SENTHIL, NO.61, MUMBAI SAMACHAR MARG, MUMBAI - 400001.

16. MANASI MERCHANTILES CO., REP. BY MR.SURESH RAFNA, 22, MULLA SAHIT SREET, CHENNAI - 600079.

17. AIRFORCE INSURANCE SOCIETY, REP. BY ITS SECRETARY, SUNATO PARK, NEW DELHI.

18. EMPLOYEES STATE INSURANCE CORPORATION, REP. BY ITS REGIONAL DIRECTOR, 143, STERLING ROAD, CHENNAI - 600034.

19. CHIEF COMMISSIONER OF INCOME TAX, MAHATMA GANDHI ROAD, NUNGAMPAKKA, CHENNAI - 600034.

20. COMMISSIONER OF CUSTOMS, RAJAJI SALAI, CHENNAI - 600001.

21. CHIEF COMMISSIONER OF SALES TAX, VAVOO COMPLEX, N.S.C. BOSE ROAD, CHENNAI.

... RESPONDENTS PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Declaration or any other appropriate writ, order or direction of like nature and declare that entertaining of any complaints and processing the same by the first to sixth respondents and by all persons working under them and their respective Departments in relation to the claims in respect of loans, fixed deposits and other dues initiated by various Courts and fora payable by the petitioners companies and its directors and officers, as illegal, ultra vires and void, pending disposal of BIFR proceedings. For Petitioner : No Appearance For Respondent : Mr.K.Rajendra Prasad, AGP for R5 & R6 Mr.G.Bharadwaj for R18 R8 & R13 - disd. vide order dated 05.08.2011 No Appearance for R1 to R4, R7, R9 to R12, R14 to R17, R19 to R21

O R D E R

The prayer in the present Writ Petition has become infructuous, in view of the enactment of Sick Industrial

Companies (Special Provisions) Repeal Act, 2003, which came into effect from 01.12.2016, whereby the BIFR stood dissolved and all proceedings before them abated.

2. Accordingly, the Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar hvk To

1. THE SECRETARY TO GOVT.