M/S.Devi Resources Ltd. v. M/S.Sri Vishnu Annamalaiyar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORIGINAL JURISDICTION) FRIDAY, THE 30TH DAY OF JULY, 2021 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN COMP.PETN.No.285 OF 2013 In the matter of Companies Act, 1956 and In the matter of M/s.Vishnu Annamalaiyar Paper Mills Limited M/s.Devi Resources Ltd., 2305, 23/F, CCT Telecom Building, No.11, Woshing Street, Fo Tan Shatin, Hong Kong, Rep. by Power of Attorney Mr.R.Alwarappan, 4/9, Vyas Complex, Mooker Nallamuthu Street, Parrys, Chennai-600 001.
.. Petitioner Vs.
M/s.Sri Vishnu Annamalaiyar Paper Mills Limited, Rep. by its Managing Director Gurusamy Saravanan, No.2, Railway Station Road, Metupalayam 1, Coimbatore District, Tamil Nadu 643 101.
.. Respondent This Company Petition praying that this Hon'ble Court be pleased to a) That the Respondent Company, M/s.Sri Vishnu Annamalaiyar
Paper Mills Limited, be ordered to be wound up under the orders and directions of this Court under the provisions of the Companies Act 1956; b).That the Official Liquidator High Court, Madras, be appointed by this Court as the Liquidator of the assets, properties, income and business of the Respondent Company viz. M/s.Sri Vishnu Annamalaiyar Paper Mills Limited with all powers under the provisions of the Companies Act, 1956;
c).That the costs of the Petition and costs towards legal expenses be provided for to the Petitioner.
This Company Petition coming on this day before this Court for hearing in the presence of M/s.K.Mohanamurali Advocate for the Petitioner herein, and Mr.M.Aravind Subramaniam, Advocate for the respondent herein and upon reading order herein dated 17.07.2014, the Court made the following order:
This company petition has been filed seeking winding up of the respondent Company on the ground that it is unable to dissolve its debts. Though an order of winding up was passed, the same was set aside by the Hon'ble Division Bench by order dated 10.09.2015 made in Review Application No.161 of 2014 in OSA.No.162 of 2014. 2.It is now brought to my notice that the financial creditor has moved the National Company Law Tribunal and the National Company
Law Tribunal has also appointed an Interim Resolution Professional. The petitioner has to necessarily approach the Interim Resolution Professional for redressal.
3.In view of the same, this company petition is closed with liberty to the petitioner to approach the Interim Resolution Professional appointed by the NCLT. No costs.
WITNESS, THE HON'BLE MR. SANJIB BANERJEE, CHIEF JUSTICE OF MADRAS HIGH COURT, AS AFORESAID THIS THE 30TH DAY OF JULY 2021.
sd/- JOINT REGISTRAR(O.S) (i/c) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
R.s/26.08.2021 COMP.PETN.No.285 of 2013 ORDER DATED: 30.07.2021 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN FOR APPROVAL ON: 01/09/2021 APPROVED ON: 01/09/2021 COPY TO:
The Registrar, National Company Law Tribunal, III Floor, No.29, Rajaji Salai, Chennai - 600 001 ++C.C.SR.No.5311/2021