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Madras High CourtWP/6962/2022withdrawn dismissed

Rajappa Rajkumar v. The Joint Development Commissioner

2022-03-28Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.6962 of 2022 Rajappa Rajkumar, Proprietor, M/s.Kumar Industries, No. E 56 & 57, Developed Estate, Thuvakudi, Trichy-620 015.

.. Petitioner Vs

1. The Joint Development Commissioner, Office of the Development Commissioner, Ministry of Micro, Small and Medium Enterprises, Government of India, New Delhi.

2. The Principal Secretary/Industries Commissioner and Director of Industries and Commerce, 2nd and 3rd Floor, SIDCO Corporate Office Building, Thiru-vi-ka Industrial Estate, Guindy, Chennai - 600 032.

3. The Secretary to Government, Department of Micro, Small and Medium Enterprises, St. George Fort, Chennai - 600 009.

4. The District Collector, Office of the District Collector, Trichy, Trichy District.

5. The Authorised Officer, Canara Bank, ARM Branch, 1st Floor, Regional Office, Muthaiah Towers, Williams Road, Trichy-620 008.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents 1, 2 and 3 to formulate, a revival and rehabilitation plan in pursuant to the proceedings issued by the 3rd respondent vide D.O.Letter No.37/Secy.MSME/2018, dated 13.11.2018, enabling the petitioner to discharge the liability from the 5th respondent bank, and consequently direct the 5th respondent not to initiate any coercive measures against the petitioner in pursuant to the proceedings issued by the third respondent vide letter No.4/Secy/MSME/2022, dated 22.02.2022 till Government Order is passed.

For the Petitioner : Mr.B.Balavijayan For the Respondents : Mrs.R.Anitha Spl. Government Pleader for respondent Nos.3 and 4

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Learned counsel for the petitioner prays for withdrawal of the writ petition with liberty to approach the Debts Recovery Tribunal. He has also made an endorsement to that effect.

2. In view of the above, the writ petition is dismissed as withdrawn with liberty as prayed for. No costs. Consequently, W.M.P.No.6997 of 2022 is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar bbr

To

1. The Joint Development Commissioner, Office of the Development Commissioner, Ministry of Micro, Small and Medium Enterprises, Government of India, New Delhi.

2. The Principal Secretary/Industries Commissioner and Director of Industries and Commerce, 2nd and 3rd Floor, SIDCO Corporate Office Building, Thiru-vi-ka Industrial Estate, Guindy, Chennai - 600 032.

3. The Secretary to Government, Department of Micro, Small and Medium Enterprises, St. George Fort, Chennai - 600 009.

4. The District Collector, Office of the District Collector, Trichy, Trichy District.

5. The Authorised Officer, Canara Bank, ARM Branch, 1st Floor, Regional Office, Muthaiah Towers, Williams Road, Trichy-620 008.

+1cc to the Government Pleader, S.R.No.21095 W.P.No.6962 of 2022 MG[co] NSK 01/04/2022