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Madras High CourtWP/3527/2020withdrawn dismissed

John S.Dorai, v. Union Of India,

2020-09-11Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice R. Hemalatha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No. 3527 of 2020 & W.M.P.No. 4127 of 2020 John S.Dorai ..Petitioner vs 1.Union of India Through Ministry of Corporate Affairs, A-Wing, Shastri Bhavan, Rajendra Prasad Road, New Delhi - 110001.

2.Registrar of National Company Law Tribunal, Chennai Corporate Bhavan (UTI Building) 3rd Floor, No.29, Rajaji Salsi, Chennai - 01.

3.The Church of South India Trust Association, No.5, Whites Road, Royapettah, Chennai - 14.

4.Vimal Sukumar 5.Abraham Bennet 6.Mohanraj Arumainayagam 7.Dyvasirvada Govada 8.Udayaraj Kaunds 9.Robert Bruce Chellappan 10.Thomas Ommen Kanjirapally 11.Daniel Rathnakara Sadananda 12.Samuel Sudhir Govada 13.Arthur Sandhanandham ..Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for the records of the common order dated 20.01.2020 and made available on 23.01.2020 passed by the 2nd respondent, the National Company Law Tribunal, Chennai in IA/252/2019 CA/171/2019 and CP/2/2016 and quash the same as illegal and non-est in law. For Petitioner .. Mr.D.S.Rajasekaran https://hcservices.ecourts.gov.in/hcservices/

For Respondents .. Mr.Adithya Reddy for R1 Mr.S.Bharathirajan for R3 Mr.Adrian D.Rozario for R4,R5 Mr.K.Ramanamoorthy for R2

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Learned counsel appearing for the petitioner seeks permission to withdraw the writ petition with liberty to file an appeal before the National Company Law Appellate Tribunal, leaving all the issues open.

2. Considering the submissions made and taking note of the pendency of the writ petition, we are inclined to grant four weeks from the date of receipt of a copy of this order to file an appeal before the National Company Law Appellate Tribunal, if so advised. Needless to state that all the issues are left open. 3.With the above said liberty, the writ petition is dismissed as withdrawn. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.Union of India Through Ministry of Corporate Affairs, A-Wing, Shastri Bhavan, Rajendra Prasad Road, New Delhi - 110001.

2.Registrar of National Company Law Tribunal, Chennai Corporate Bhavan (UTI Building) 3rd Floor, No.29, Rajaji Salsi, Chennai - 01.

3.The National Company Law Tribunal, Chennai W.P.No. 3527 of 2020 PP(CO) RV(07/10/2020) https://hcservices.ecourts.gov.in/hcservices/