Dunlop India Limited v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2023 CORAM :

THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR W.P.No.30849 of 2012 and M.P.No.1 of 2015 Dunlop India Limited, No.512, M.T.H. Road, Ambattur, Chennai-600053.

Rep. By its Authorized Signatory Mr.Chander Kothari ... Petitioner Vs.

1.The Presiding Officer, Second Additional Labour Court, Chennai.

2.Shanthi Nathan 3.Bharathi Nathan 4.Indumathy Nathan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari to call for the entire records in order in C.P.173/1999, dated 30th August 2012, on the file of the 1st respondent herein and quash the same.

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For Petitioner : Mr.Sunny sheen for Ms.V.Srimathi For Respondents R1 : Court R2 to R4 : M/s.Amutha Ganesh

ORDER

It is brought to the notice of this Court, by the learned counsel for the petitioner that the petitioner Company herein was ordered to be wound up, by an order, dated 31.01.2013 passed by the Calcutta High Court and the Official Liquidator was also appointed for taking further steps for winding up of the petitioner Company.

2.

In the light of the above, the present writ petition filed in the year 2012, represented by its authorized signatory has lost its authority to represent the petitioner Company and it is for the Official Liquidator to take appropriate steps to prosecute the matter. However, no efforts were taken by the Official Liquidator to prosecute the present writ petition. 3.

The learned counsel for the petitioner submits that under similar circumstances, this Court in W.P.No.31376 of 2012 filed by the petitioner herein, dismissed the said writ petition, as the petitioner Company was already ordered to be wind up.

4.

Therefore, this Court, is not inclined to further adjudicate the matter on merits and accordingly the same is dismissed. The respondents 2 Page No.2 of 4

to 4 are granted liberty to take steps for implementation of the impugned order dated 30.08.2012, passed in C.P.No.173 of 1999. Consequently, the miscellaneous petition pending shall also stands closed. No costs. 13.12.2023 Index :

Yes/No Speaking Order :

Yes/No dpa To:

The Presiding Officer, Second Additional Labour Court, Chennai.

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MUMMINENI SUDHEER KUMAR,J.

dpa W.P.No.30849 of 2012 and M.P.Nos.1 of 2015 13.12.2023 Page No.4 of 4