Vasantha Carbide Pvt.Ltd v. Union Of India,Rep.By The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :18.07.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.11850 of 2004 Vasantha Carbide Pvt Ltd., 139, Bharathiar Street, Kottacherry, Karaikal - 609 609.

Rep by its Managing Director ..Petitioner vs

1. Union of India, Rep by the Union Territory of Pondicherry, rep by its Secretary, Department of Industrial Development,

2. The Pondicherry Industrial Promotion Development and Investment Corporation Ltd., Rep by its Managing Director, 60, Romain Rolland Street, Pondicherry - 605 001.

3. The Superintending Engineer, Pondicherry Electricity Department, .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ order or direction in the nature of writ of Certiorarified Mandamus, calling for the records of the second respondent comprised in its proceedings under Ref. IPDIC/FP/SSI/814/98/2344 dated 23.3.2004 and quash the same as illegal and arbitrary and consequently direct the second respondent to abide by the One Time Settlement and consequently restrain from taking any coercive steps.

For Petitioner : Mr.Raghul Balaji

For Respondents : Mr.J.Ramesh, AGP for R1 and R3 Mr.D.RaviChandar Standing Counsel for R2

O R D E R

The prayer sought for herein in this Writ Petition is for issuance of a Writ of Certiorarified Mandamus, calling for the records of the second respondent comprised in its proceedings under Ref. IPDIC/FP/SSI/814/98/2344 dated 23.3.2004 and quash the same as illegal and arbitrary and consequently direct the second respondent to abide by the One Time Settlement and consequently restrain from taking any coercive steps.

2. The learned counsel appearing for the petitioner would submit that this Court by an order dated 29.04.2004, gave an interim direction on condition that the petitioner deposits the entire amount in two equal installments, the first of which has to be paid on or before 1st June 2004 and the balance has to be paid on or before 1st July 2004, failing which the interim direction would stand automatically vacated. Thereafter, the matter was listed on 06.06.2007 and there was a due of Rs. 77,76,490/-. Hence, the interim order was vacated on 06.06.2007. Further, learned counsel reported no instructions.

3. In view of the above, without interim order, this matter has been pending for more than 15 years without any adjudication in this case. Therefore, the writ petition stands dismissed. No costs.

Sd/- Assistant Registrar(insp cell) //True Copy// Sub Assistant Registrar kmm To

1. Union of India, Rep by the Union Territory of Pondicherry, rep by its Secretary, Department of Industrial Development,

2. The Managing Director, Pondicherry Industrial Promotion Development and Investment Corporation Ltd., 60, Romain Rolland Street, Pondicherry - 605 001.

3. The Superintending Engineer, Pondicherry Electricity Department, +1cc to Mr.D.RaviChandar , Advocate SR.No. 61397 W.P.No.11850 of 2004 A.SK(09/09/2019)