M/S.Paharpur Cooling Towers v.
IN THE HIGH COURT OF JUDICATURE AT MADRAS (ORIGINAL JURISDICTION) FRIDAY, THE 25th DAY OF MARCH 2022 THE HON'BLE MR.JUSTICE M.SUNDAR Comp.Petn.No.142 of 2012 In the matter of the Companies Act, 1956 and In the matter of Winding up of S.V.Sugar Mills Ltd.
C.P.No.142 of 2012:
M/s Paharpur Cooling Tower Ltd, Paharpur House, 8/1/B, Diamond Harbour Road, Calcutta 700 027.
represented herein by its Regional Vice Presindent ( South) Mr. S.Parameswaran.
... Petitioner -vsM/s. S.V. Sugar Mills Ltd, No. 106 ( Old No. 65) Armenian Street, Chennai - 01.
... Respondent This Company Petition praying that this Hon'ble Court be pleased to:- a) for winding up the respondent company viz. S.V. Sugar Mills Limited having its registered office at No.106 ( Old No.65) Armenian street, chennai - 600001;
b) directing the respondent to pay costs of this petition; c) and pass such other order or orders as this Hon'ble Court may deem fit and proper under the facts and circumstances of this Hon'ble Court and thus render justice.
This Company Petition coming on this day before this Court for hearing in the presence of Mr.Athiban Vijay, for Mr. K.Gowtham Kumar, Advocate for the Respondent herein and for the Petitioner not having appeared either in person or through Advocate and upon reading the Petition herein, the Court made the following order: This Court is informed that 'S.V.Sugar Mills Ltd.,' [hereinafter 'said Company' for the sake of convenience and clarity] which has gone into liquidation in captioned Company Petition was subsequently subjected to proceedings under 'the Insolvency and Bankruptcy Code, 2016 (No.31 of 2016)' [hereinafter 'IBC' for the sake of convenience and clarity] at the instance of financial creditors. In other words, said company is corporate debtors qua proceedings under IBC vide CP/768/(IB)/2018 on the file of 'National Company Law Tribunal Division Bench, Chennai' ['NCLT'].
2. This Court is informed that the aforementioned company petition under IBC before NCLT has been disposed of. Mr.Athiban Vijay, learned counsel representing Mr.K.Gowtham Kumar, learned counsel who originally appeared for said company in the main CP brings this to the notice of this Court. It is made clear that learned counsel has brought this to the notice of this Court only by way of assisting this Company Court as technically learned counsel cannot represent said company today.
4. The orders of NCLT have also been placed before this Court.
5. Narrative thus far makes it clear that nothing really survives in the decade old captioned Company Petition. One decade in history can be a chapter but it makes proceedings vintage in litigation. Captioned Company Petition has served its purpose and in any event said company is now being wound up vide aforementioned order of NCLT.
6. Captioned CP is disposed of as closed. There shall be no order as to costs.
WITNESS, THE HON'BLE MR.JUSTICE MUNISHWAR NATH BHANDARI, THE CHIEF JUSTICE OF MADRAS HIGH COURT, AS AFORESAID, THIS THE 25th DAY OF MARCH, 2022 Sd/- JOINT REGISTRAR(O.S) //CERTIFIED TO BE A TRUE COPY// DATED THIS THE DAY OF COURT OFFICER.
From 25th September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decree in this format.
CVK - 06-05-2022.
Comp.Petn.No.142 of 2012 ` ORDER DATED: 25.03.2022.
THE HON'BLE MR.JUSTICE M.SUNDAR FOR APPROVAL ON : 06/06/2022 APPROVED ON : 06/06/2022 COPY TO:
1. The Registrar, National Company Law Tribunal, III Floor, No.29, Rajaji Salai, Chennai - 600 001
2. The Official Liquidator, High Court, Madras.