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Madras High CourtWP/11748/2023withdrawn dismissed

M/S. Kamachi Industries Limited v. The Chairman And Managing Director

2024-01-23Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU M/s. Kamachi Industries Limited formerly known as Kamachi Sponge & Power Corporation Ltd., (Under Liquidation) Rep. By the Liquidator: V. Ganesan (Appointed by NCLT, Chennai) ABC Trade Centre, 3rd Floor, Inside Devi Theatre Complex, No.39, (Old No.50), Anna Salai, Chennai 600 002.

... Petitioner -vs1. The Chairman and Managing Director, State Industries Promotion Corporation of Tamil Nadu (SIPCOT) No. 19-A, Rukmani Lakshmipathy Road, Egmore, Chennai 600 008.

2. The Project Manager, SIPCOT Office, Project Office, Gummidipoondi, Tiruvallur District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari, calling for the records relating to the 1/4

impugned proceedings of the First Respondent in P-II/SIGC/KAMACHI/2015 dated 25.02.2023 issued based on Letter Lr.No.DII/SICG/Kamachi/2015 dated 09.01.2015 and quash the said proceedings as arbitrary, unsustainable in law, violative of principles of natural justice, without authority of law. For Petitioner :

Mr. K. Jayachandran For Respondents :

Mr. Sudharsana Sundar Standing Counsel

O R D E R

Heard Mr. K. Jayachandran, Learned Counsel for the Petitioner and Mr. Sudharsana Sundar, Learned Standing Counsel appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition is filed for calling the records relating to the impugned proceedings of the First Respondent in P-II/SIGC/KAMACHI/2015 dated 25.02.2023 issued based on Letter Lr.No.DII/SICG/Kamachi/2015 dated 09.01.2015 and quash the said proceedings.

3.

Learned Counsel appearing for the Petitioner seeks permission of this Court to withdraw the Writ petition with liberty to claim the relief sought in the 2/4

Writ Petition in appropriate legal proceedings before the National Company Law Tribunal and he has made an endorsement to that effect in the court record. In view of the same, the Writ Petition is dismissed as withdrawn granting such liberty. No costs.

23.01.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 08.03.2024.

gsa To

1. The Chairman and Managing Director, State Industries Promotion Corporation of Tamil Nadu (SIPCOT) No. 19-A, Rukmani Lakshmipathy Road, Egmore, Chennai 600 008.

2. The Project Manager, SIPCOT Office, Project Office, Gummidipoondi, Tiruvallur District.

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P.D. AUDIKESAVALU, J.

gsa 23.01.2024 4/4