M/S.Neycer India Ltd., v. The Commercial Tax Officer

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 18.06.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.No.9759 of 2007 and M.P.No.1 of 2007 M/S.Neycer India Limited, No.33/24-A, Ranjith Road, Kotturpuram, Chennai - 600085.

Rep. by its Finance Manager Mr.T.Mani

...Petitioner

Vs

1. The Commercial Tax Officer, Cuddalore Taluk Asst. Circle, Manjakuppam, Cuddalore - 607001.

2. The Appellate Authority for Industrial and Financial Reconstruction, New Delhi, Rep. by its Chairman.

3. The Board for Industrial and Financial Reconstruction, Jawahar Vyapar Bhawan, 1, Tolstoy Marg, New Delhi - 110001.

Rep. by its Chairman.

4. ICICI Bank Limited, Cenotaph Road, Chennai - 600018.

5. Indian Overseas Bank, Vadalur Branch, Vadalur.

6. Indian Overseas Bank, Sri Ram Nagar Branch, No.123, T.T.K.Road, Alwarpet, Chennai - 600018.

7. Bank of India, IV Floor, Tarapore Towers, 826, Anna Salai, Chennai - 600002.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, calling for the records comprised in Notice of Sale in Form 5,7 and 7-A in RC.A3/5843/00, dated 16.11.2006, and the consequential auction notice in Na.Ka.A3/5843/00, dated 27.02.2007, on the file of the first respondent, quash the same and consequently direct the first respondent not to resort to any recovery proceedings unless the scheme is sanctioned and implemented under the SICK INDUSTRIAL COMPANIES (SPECIAL PROVISIONS) ACT, 1985 by the fourth respondent. For Petitioner : Mr.R.Ashwath For Respondents: Mr.V.Hari Babu, AGP (T) for R1 Mr.F.B.Benjamin George for R5 Mr.S.Sathiyanarayanan for R7 No Appearance for R2 to 4, R6

O R D E R

Today, when the matter is taken up for consideration, the learned counsel for the petitioner seeks permission of this Court to withdraw the present Writ Petition. He has also made an endorsement to that effect.

2. Recording the submission and the endorsement made by the learned counsel for the petitioner, the present Writ Petition is dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petition is closed.

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

To

1. The Commercial Tax Officer, Cuddalore Taluk Asst. Circle, Manjakuppam, Cuddalore - 607001.

2. The Chairman, The Appellate Authority for Industrial and Financial Reconstruction, New Delhi.

3. The Chairman, The Board for Industrial and Financial Reconstruction, Jawahar Vyapar Bhawan, 1, Tolstoy Marg, New Delhi - 110001.

4. Indian Overseas Bank, Vadalur Branch, Vadalur.

5. Indian Overseas Bank, Sri Ram Nagar Branch, No.123, T.T.K.Road, Alwarpet, Chennai - 600018.

6. Bank of India, IV Floor, Tarapore Towers, 826, Anna Salai, Chennai - 600002.

+1cc to Mr.T.Theagarajan, Advocate, S.R.No.49583 W.P.No.9759 of 2007 and M.P.No.1 of 2007 PMS(CO) RRS(20/06/2019)