Shaji Purushothaman v. Union Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction ) Thursday, the Thirtieth day of January Two Thousand Twenty PRESENT THE HON`BLE MR JUSTICE M. SATHYANARAYANAN and THE HON`BLE MRS JUSTICE R. HEMALATHA WMP No.2637 of 2020 IN WP.NO.1926/2020 SHAJI PURUSHOTHAMAN [ PETITIONER ] Vs 1 UNION OF INDIA, [ RESPONDENT ] THROUGH MINISTRY OF CORPORATE AFFAIRS, A WING, SHASTRI BHAVAN, RAJENDRA PRASAD ROAD, NEW DELHI 110 001 2 REGISTRAR OF NATIONAL COMPANY LAW, TRIBUNAL, CHENNAI, CORPORATE BHAVAN (UTI BUILDING), 3RD FLOOR, NO.29 RAJAJI SALAI, CHENNAI 1 3 S.RAJENDRAN, RESOLUTION PROFESSIONAL OF EMPEE DISTILLERIES LIMITED, NO. 188/87, 2ND FLOOR, EVIAPPAN MANSION, HABIBULLAH ROAD (NEAR KODAMBAKKAM RLY STN), T.NAGAR, 4 UNION BANK OF INDIA, REP BY ITS AGM, MR.RENJITH SWAMINATHAN, INDUSTRIAL FINANCE BANK, UNION BANK BHAWAN, 1ST FLOOR, 139 BROADWAY, CHENNAI 108 5 ANDHRA BANK, REP BY ITS AGM, MR.V.GURUSUBRAMANIAM, ANDHRA BANK, MOUNT ROAD BRANCH, 95 ANNA SALAI, MOUNT ROAD, CHENNAI 2 6 IFCI FACTORS LIMITED, REP BY ITS VP, MR.V.S.RAMESH BABU, 2ND FLOOR, 142, MAHATMA GANDHI ROAD, NUNGAMBAKKAM, CHENNAI 34
7 SBI GLOBAL FACTORS LIMITED, REP BY ITS VC-MUMBAI, MR.VISHAL VARMA, 6TH FLOOR, METROPOLITAN BUILDING, BANDRA-KURLA COMPLEX, BANDRA (E), MUMBAI 400 051 8 IDBI TRUSTEESHIP SERVICES LIMITED, REP BY ITS SVP (EAAA) (VC MUMBAI), MR.NAVIN SAMBTANI, ASIAN BUILDING, GROUND FLOOR,17 R.KAMANI MARG, BALLARD ESTATE, MUMBAI 400 001 9 EDELWEISE ASSET RECONSTRUCTION, COMPANY LIMITED, REP BY ITS SVP (VC MUMBAI), MS.NIVEDITA SHETTY, EDELWEISE HOUSE, OFF CST ROAD, KALINA, MUMBAI 400 098 10 M/S.SNJ DISTILLERIES PVT. LTD., REP. BY ITS DIRECTOR, MS.GEETHA JAYAMURUGAN, OLD NO.47, NEW NO.99, CANAL BANK NAGAR, CIT NAGAR, NANDANAM, CHENNAI 600 035.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to impead the proposed respondent herein as the 10th respondent to WP.No.1926 of 2020 Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MS.VIBHA DATTA MAKHIJA, SENIOR COUNSEL FOR MR.R.RAMANLAL, Advocate for the petitioner the court made the following order:- [Order of the Court was made by M.SATHYANARAYANAN, J.,] A mention was made by Ms.Vibha Datta Makhija, learned Senior Counsel appearing on behalf of the petitioner, to take up this matter today by way of lunch motion.
2. The learned Senior Counsel submits that though this Court, while entertaining the Writ Petition on 27.01.2020, also recorded the reasons for it did not stay the operation of the impugned order, taking advantage of the same, the Interim Resolution Professional (IRP) sent a communication dated 20.01.2020 informing the follow up action in terms of the impugned order and is in the stage of taking physical possession of the distillery unit and prays for interim orders.
3. This Court, upon hearing the submissions and on going through the materials, is of the view that this petition to implead is to be ordered for the reasons stated above. Accordingly, this petition is ordered and the proposed respondent is impleaded as the
tenth respondent in the main writ petition.
4. Notice through Court as well as privately to the newly impleaded respondents returnable on 10.02.2020. -sd/- 30/01/2020 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE THROUGH MINISTRY OF CORPORATE AFFAIRS, UNION OF INDIA, A WING, SHASTRI BHAVAN, RAJENDRA PRASAD ROAD, NEW DELHI 110 001 2 REGISTRAR OF NATIONAL COMPANY LAW, TRIBUNAL, CHENNAI, CORPORATE BHAVAN (UTI BUILDING), 3RD FLOOR, NO.29 RAJAJI SALAI, CHENNAI 1 C.C. to M/S.R.RAMANLAL Advocate on payment of necessary charges Order in WMP.2637/2020 in WP.No.1926/2020 Date :30/01/2020 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RRI 03/02/2020