Madras High CourtWP/21082/2016disposed of

Ivrcl Ltd., Rep. By Its v. The Managing Director,

2023-03-17Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.Nos.

21082 & 14298 of 2016 and W.M.P.Nos.

18029, 18030 of 2016 & 12484, 12485 of 2015 W.P.(MD)Nos. 8086 & 9285 of 2016 & 17903, 17808 & 17983 of 2015 and W.M.P.(MD)Nos.6606, 6607 of 2016 in W.P(MD)No.8086 of 2016 W.M.P.(MD)No.7374 of 2016 in W.P(MD)No.9285 of 2016 M.P.(MD)Nos.1 & 2 of 2015 in W.P.(MD)No.17903 of 2015 M.P.(MD)Nos.1 & 2 of 2015 in W.P.(MD)No.17808 of 2015 M.P.(MD)Nos.1 & 2 of 2015 in W.P.(MD)No.17983 of 2015 W.P.No.21082 of 2016 and W.M.P.Nos.18029 & 18030 of 2016 IVRCL Ltd.

Rep. by its M.Jayashankar, Head(Projects) Chennai Region Regional Office at: No.30A South Phase, 6th Cross Rd.,Thiru.Vi.Ka.Industrial Estate Guindy, Chennai-32.

...Petitioner

-Vs1. The Managing Director, Chepauk, Chennai-9.

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2. The Chief Engineer, Northern Region, No.8, 1st East Road, Gandhi Nagar, Vellore-632 006.

3. The Executive Engineer, Sewerage Division, Arakonam.

4. The Manager, Tamilnad Mercantile Bank Ltd., 15-02-696, First Floor, Siddiamber Bazaar, Kishan Gunj, Hyderabad-500 012.

...Respondents

Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Cetiorari, calling for the records relating to the impugned letter issued by the 1st respondent in his proceedings in Lr.No.13469/IAF/ HO/2016 dated 28.04.2016 and the consequential letter of the 2nd respondent bearing Lr.No.F.UGSS to Thiruvallur/ B.G/DOI/CW/ CE/VLR/2016/ dt.16.06.2016 and quash the same. For Petitioner : Mr.J.Ravikumar For Respondents :

(for R1 to R3) : Mrs.S.Shahila Bhanu, Standing Counsel for TWAD Board (for R4) : Not ready in Notice 2/5

COMMON ORDER The learned counsel appearing on behalf of the writ petitioners brought to the notice of this Court that the Company went into Liquidation pursuant to the orders dated 26.07.2019 in IA No.544/2018 in CP(IB) No.294/7/HDB/2017.

2.The appointed Liquidator has taken charge and is administering the affairs of the petitioner company. While so, the Liquidator rejected the claim petitions filed by the respondent/TWAD Board in respect of their claims and therefore, adjudication in respect of the grounds raised in the present writ petition became unnecessary. 3.The learned counsel for the petitioners raised an apprehension that the respondent/Board may invoke the guarantee provided by the petitioner company. Once the claim petition is rejected by the Officials Liquidator, then if any grievance exist for the respondent/TWAD Board, they have to approach the Liquidator in the manner known to law. In any event, the impugned orders in the present writ petitions lost their relevance since the Liquidator had already rejected the claim of the respondent/Board. 3/5

4.If any grievance exist, the parties are at liberty to resolve the same in the manner known to law. Accordingly, the writ petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

17.03.2023 sha Index : Yes Speaking Order To

1. The Managing Director, Chepauk, Chennai-9.

2. The Chief Engineer, Northern Region, No.8, 1st East Road, Gandhi Nagar, Vellore-632 006.

3. The Executive Engineer, Sewerage Division, Arakonam.

4. The Manager, Tamilnad Mercantile Bank Ltd., 15-02-696, First Floor, Siddiamber Bazaar, Kishan Gunj, Hyderabad-500 012.

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S.M.SUBRAMANIAM . J., sha W.P.Nos.

21082 & 14298 of 2016 and W.M.P.Nos.