Tamilnadu Mercantile Bank Ltd v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.04.2018 CORAM :

The Hon'ble Ms.INDIRA BANERJEE, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE ABDUL QUDDHOSE W.P. No.5486 of 2018 and W.M.P.No.6778 of 2018 Tamilnadu Mercantile Bank Ltd., Rep. by is Chief Manager, No.178, Dr.Nanjappa Road Branch, Opp. To V.O.C. Park, Coimbatore 641 018.

.. Petitioner -vs1.The Union of India Rep. by its Secretary, Dept. of Law and Justice, 3rd Floor, 'C' Wing, Lok Nayak Bhawan, Khan Market, New Delhi-110 003.

2.The Union of India Rep. by its Secretary, Dept. of Finance, Room No.76, New Delhi 110 001.

3.State Bank of India, Rep. by its Manager, State Bank Bhavan, Madame Cama Road, Mumbai, Maharashtra 400 021.

4.Indian Overseas Branch, Rep. by its Manager, No.10, Kannusamy Street, R.S.Puram, Coimbaotre 641 002.

5.M/s.Sentil Paper and Board Pvt. Ltd., Rep. by its Director, 6th Floor, Senthil Towers, 1078, Avinashi Road, Coimbatore.

6.N.Sivatchalam

7.National Company Law Tribunal Chennai Bench, Corporate Bhavan, Rajaji Salai, Chennai-1.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Declaration to declare the impugned Section 22 (2) of the Insolvency and Bankruptcy Code 2016 is ultra vires and unconstitutional.

For Petitioner :

Mr.P.Tamilavel For Respondents :

No appearance for R-3

O R D E R

(Made by Ms.Indira Banerjee, Chief Justice) Learned counsel for the petitioner seeks to withdraw the writ petition. He has also made an endorsement to that effect. Writ petition is, accordingly, dismissed as withdrawn. No costs. Consequently, W.M.P.No.6778 of 2018 is also dismissed. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar sra To 1.The Secretary to Govt. of India, Dept. of Law and Justice, 3rd Floor, 'C' Wing, Lok Nayak Bhawan, Khan Market, New Delhi-110 003.

2.The Secretary to Govt. of India Dept. of Finance, Room No.76, New Delhi 110 001.

3.The Registrar, National Company Law Tribunal Chennai Bench, Corporate Bhavan, Rajaji Salai, Chennai-1.

+1cc to Mr.P.Tamilavel, Advocate in sr.no.29828 +2cc to M/s.Ramalingam & Associates sr.no.29907 W.P.No.5486 of 2018 nr 17/05/2018