Madras High CourtWP/22431/2017closed

Southern Polypet P.Ltd., v. The Union Of India,

2017-08-23Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2017

CORAM

THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.22431 of 2017 & W.M.P.Nos.23558 & 23559 of 2017 Southern Polypet Private Limited Having its Registered office at 40/5, SathyaMoorthy Street Devaraj Nagar Main Road Dasarathapuram, Saligramam Chennai - 600 093 Now Having its Office at No.3 Kamarajar Road TASS Industrial Estate Ambattur, Chennai -600 098 ... Petitioner v.

1 The Union of India Rep. by Secretary to Government Ministry of Corporate Affairs A Wing, Shastri Bhawan Rajendra Prasad Road, New Delhi 110 001 2 M/s.Eastern Plastix Rep. by Managing Partner Mr.V.Chandrasegaran No.98/12, SIDCO Industrial Estate Thirumudivakkam, Chennai 600 004 3 National Company Law Tribunal Chennai Bench Rep. by The Registrar Corporate Bhavan, 3rd Floor 29 Rajaji Salai, Chennai 600 001 ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to C.P.No.474 (IB)/CB/ 2017 order dated 30.05.2017 passed by the 3rd respondent and to quash the same For Petitioner : Mr.Goda Raghavan For Respondent : Mr.V.Venkatesan SCGSC - for R1

O R D E R

Mr.V.Venkatesan, learned Senior Central Government Standing Counsel, takes notice for the 1st respondent. By consent, the main writ petition itself is taken up for disposal at the admission stage itself.

2. The petitioner has filed the above writ petition to issue a Writ of Certiorari to call for the records relating to the impugned order passed by the National Company Law Tribunal, Chennai Bench, dated 30.05.2017and to quash the same.

3. If the petitioner is aggrieved over the impugned order passed by the National Company Law Tribunal, Chennai Bench, an appeal remedy is provided to him before the Appellate Authority, viz., National Company Law Appellate Tribunal, New Delhi,

4. Without exhausting the appeal remedy, the petitioner has filed the present writ petition challenging the impugned order passed by the 3rd respondent before this court.

5. Since the petitioner has not exhausted the appeal remedy, I am of the view that the writ petition filed under Article 226 of the Constitution of India cannot be entertained. Accordingly, the writ petition stands closed. However, it is open to the petitioner to challenge the impugned order dated 30.05.2017 before the National Company Law Appellate Tribunal, New Delhi, in accordance with law. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar Rj To 1 The Secretary to Government Union of India Ministry of Corporate Affairs A Wing, Shastri Bhawan Rajendra Prasad Road, New Delhi 110 001

2 The Managing Partner M/s.Eastern Plastix Mr.V.Chandrasegaran No.98/12, SIDCO Industrial Estate Thirumudivakkam, Chennai 600 004 3 The Registrar National Company Law Tribunal Chennai Bench Corporate Bhavan, 3rd Floor 29 Rajaji Salai, Chennai 600 001 4.The National Company Law Appellate Tribunal, New Delhi.

+1cc to Mr.Anirudh Krishnan,Advocate sr.60850 +1cc to Mr.V.Venkatesan,Advocate sr.60609 W.P.No.22431 of 2017 & W.M.P.No.23558 & 23559 of 2017 sr(co) ss(8/9/2017)