Madras High CourtWP/198/2009dismissed as infructuous

Dhir & Dhir Asset v. The Deputy Commissioner

2019-02-26Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2019 CORAM :

THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P. Nos.198 and 199 of 2009 M.P.Nos. 1 & 2 of 2009 in W.P.No.198 of 2009 Dhir & Dhir Asset Reconstruction and Securitisation CompanyLimited D-54, (First Floor) Defence Colonyh New Delhi - 110 024 Represeanted by its General Manager Mr.Ravi Kuamr .. Petitioner in both WPs vs.

1.The Deputy Commissioner Commercial Taxes Greams Road Zone-VIII

2. State of Tamil Nadu Through Secretary Commercial Taxes Fort St. George Chennai - 600 009 3.Union of India Through Secretary Ministry of Finance Department of Financial Services (Banking Division) Jeewan Deep, Parliament Street New Delhi - 110 001

4. Official Liquidator of M/s.Madras Petrochem Limited 5th Floor, Bank of India Building Mahatma Gandhi Road, Mumbaim,400 023

5. Kotak Mahindra Bank Limited No.39, Ceebros Centre, 1st Floor Monteith Road, Egmore

6. Central Bank of India Asstt General Manager Central Bank of India Chennai Main Branch 11, Second LIne Beach Chennai - 600 001 7.Standard Chartered Bank Senior rElationship Manager standard Charatered Bank 10, Rajaji Salai 7th Floor, Chennai - 600 001

8. Tamil Nadu Industrial Investment Corporation 473, Anna Salai Nandanam, Chennai - 600 035 ... Respondents in both WPs W.P.No.198/2009 : Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified mandamus to call for the records of the first respondent culminating in passing of the Auction Notices in File No. RC.6016/01/A7 in Form No.7, dated 03.12.2008 and continued in Form No.5, dated 04.12.2008 and quash the same and consequently direct the respondent No.1 not to proceed further with the assets of Madras Petrochemicals limited. W.P.No.

199/2009 : Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of declaration declaring that sub sections (1) and (2) of Section 24 of the Tamil Nadu General Sales Tax Act, 1959 (Tamil Nadu Value Added Tax Act) are inconsistent with and repugnant to Sections 9, 13 and 15 and the general scheme of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest act, 2002 (Act 54 of 2002) and the Rules made thereunder and hence rendered inoperative by section 35 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest act, 2002 (Act 54 of 2002). For Petitioner : Mr..A.R.Ramanathan For Respondents : Mr.K.Srinivasa Murthy - for R3 Not Ready in Notice - R1.

COMMON ORDER (Order of the Court made by The Hon'ble Chief Justice) Learned counsel for the petitioner states that the Writ Petitions have become infructuous. He has also made an endorsement to the said effect.

3. In view of the same, the Writ Petitions are dismissed as infructuous, No costs. Consequently, connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar Rj To 1.The Deputy Commissioner Commercial Taxes Greams Road Zone-VIII

2. The Secretary Commercial Taxes Fort St. George Chennai - 600 009

3. The Secretary Ministry of Finance Department of Financial Services (Banking Division) Jeewan Deep, Parliament Street New Delhi - 110 001

4. Official Liquidator of M/s.Madras Petrochem Limited 5th Floor, Bank of India Building Mahatma Gandhi Road Mumbaim,400 023

5. Kotak Mahindra Bank Limited No.39, Ceebros Centre, 1st Floor Monteith Road, Egmore, Chennai - 600 008

8. Tamil Nadu Industrial Investment Corporation 473, Anna Salai Nandanam, Chennai - 600 035 +1 cc to Mr.R & P Partners, Advocate SR.No.17877 +1 cc to Mr.K.Srinivasamurthy, Special Central Government counsel, SR.No.17854 W.P. Nos.198 and 199 of 2009 M.P.Nos. 1 & 2 of 2009 in W.P.No.198 of 2009 VBA(CO) CSL/20.03.2019