M/S.Kanakadhara Spinning v. The Under Secretary, Appellate

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and M.P. No. 1 of 2010 M/s. Kanakadhara Spinning Mills (P) Ltd., Represented by its Managing Director, M.A.Ananthakumar, 42, Railway Station Road, Gudiyattam - 632 602, Vellore District.

... Petitioner -vs1. The Under Secretary, Appellate Authority for Industrial and Financial Reconstruction (AAIFR), 10th Floor, Jeevanprakash, 25, Kasturiba Gandhi Marg, New Delhi - 110 001.

2. The Registrar, Board for Industrial Financial Reconstruction (B.I.F.R.), Jawaharlal Viyapar Bhawan, No. 1, Tolstoy Marg, New Delhi - 110 001.

3. The Branch Manager, South Indian Bank, No. 277, Santhapet, Gudiyattam, Vellore District.

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4. A.Ambalatharasan & Co., No. 21, Panchavarnam Building, New No. 76, Rameshwaram Road, T.Nagar, Chennai - 600 017.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, forbearing the Third and Fourth Respondents their men, agents, servants or any person authorized by them from in any manner initiating or holding or conducting Special Investigative Audit (SIA) until the disposal of the Miscellaneous Application (MA) No. 151/ BC/2010 filed in Reference Case No. 280/2002 now pending on the file of the Second Respondent as per the order of the First Respondent made in Appeal No. 98/2010 dated 26.04.2010.

For Petitioner :

Mr. D.Soundar Raj for Mr. K.A.Ravindran For Respondents :

Mr. V.Girish Kumar (for R3) Not ready in notice (for R1, R2 & R4)

O R D E R

Learned Counsel appearing for the Petitioner seeks permission of the Court to withdraw the Writ Petition and he has made an endorsement to that effect in the court record.

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2.

In view of the same, the Writ Petition is dismissed as withdrawn. Consequently, the connected Miscellaneous Petition is closed. No costs. 30.10.2023 1/2 Index: Yes/No NCC: Yes/No vjt To

1. The Under Secretary, Appellate Authority for Industrial and Financial Reconstruction (AAIFR), 10th Floor, Jeevanprakash, 25, Kasturiba Gandhi Marg, New Delhi - 110 001.

2. The Registrar, Board for Industrial Financial Reconstruction (B.I.F.R.), Jawaharlal Viyapar Bhawan, No. 1, Tolstoy Marg, New Delhi - 110 001.

3. The Branch Manager, South Indian Bank, No. 277, Santhapet, Gudiyattam, Vellore District.

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P.D. AUDIKESAVALU, J.

vjt 30.10.2023 1/2 4/4