Madras High CourtWP/34124/2017disposed of

Mohan Shivraman Nair v. M/S.Agarwal Coal Corporation

2017-12-28Honourable Mr Justice G.R.Swaminathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.No.34124 of 2017 & W.M.P.No.37879 of 2017 Mohan Shivraman Nair, Managing Director, M/s.Sun Paper Mills Ltd., B2/204, Vijay Park, Ghodbunder Road, Kasarvadavili, Thane, West Thane 400601 MH. ..Petitioner Vs 1.M/s.Agarwal Coal Corporation Pvt. Ltd "Agarwal House" No.5, Yeshwant Colony, Indor, 452003.

2.J.Karthiga 3.The National Company Law Tribunal, rep. By its Deputy Registrar, Corporate Bhawan, II Floor, North Beach Road, George Town, Chennai 600 001.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records in order dated 15.11.2017 passed in CP/616/(IB)/CB/2017 on the file of the Hon'ble National Company Law Tribunal, the 3rd respondent and quash the same. For Petitioner :

Mr.G.Ashokpathy for M/s.Pass Associates

O R D E R

The petitioner questions the order dated 15.11.2017 passed by the third respondent, appointing the second respondent as an Interim Resolution Professional (IRP). The impugned order is appealable before the National Company Law Tribunal.

2. The learned counsel appearing for the writ petitioner submits that at present the appellate forum is not functioning in view of the Christmas Holidays. The learned counsel for the writ petitioner would further submit that the writ petitioner shall prefer a statutory appeal questioning the impugned order before the appellate forum on or before 05.01.2018. https://hcservices.ecourts.gov.in/hcservices/

3. Taking note of the said submission, order impugned in the writ petition shall be kept in abeyance till 10.01.2018.

4. Accordingly, the writ petition stands disposed of. No Costs. Consequently, connected miscellaneous petition is closed.

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

1. M/s.Agarwal Coal Corporation Pvt. Ltd "Agarwal House" No.5, Yeshwant Colony, Indor, 452003.

2. The National Company Law Tribunal, rep. By its Deputy Registrar, Corporate Bhawan, II Floor, North Beach Road, George Town, Chennai 600 001.

+1cc to M/s.Pass Associates Sr.No.92672 W.P.No.34124 of 2017 & W.M.P.No.37879 of 2017 sm:29.12.2017 https://hcservices.ecourts.gov.in/hcservices/