Agni Steels Private Ltd v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY 1.Agni Steels Private Limited, rep. by its Managing Director M.Chinnasami, 562, Kavandanur Road, Ingur-638 058 Perundurai (TK) Erode District, Tamil Nadu, India.

2.M.Chinnasami, Managing Director, Agni Steels Private Limited 562, Kavandanur Road, Ingur-638 058 Perundurai (TK) Erode District, Tamil Nadu, India.

.. Petitioners Vs 1.Union of India, through Secretary, Ministry of Corporate Affairs, 4th Floor, A Wing, Shastri Bhawan, New Delhi-110 001.

2.Office of the Director General, Competition Commission of India "B" Wing, HUDCO Vishala, 14, Bhikaji Cama Place, New Delhi-110 066.

3.Competition Commission of India through Secretary, 9th Floor, Office Block-1, Kidwai Nagar (East) New Delhi-110 023, India.

.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of declaration that Section 41(3) of the Competition Act, 2002 be read down as null and void to the extent that it relies on Section 240A of the Companies Act, 1956 which has since been repealed with effect from 30.01.2019.

For the Petitioners : Mr.Vijay Narayan Senior Counsel for Mr.Thriyambak J.Kannan For the Respondents : Mr.K.Srinivasamoorthy CGSC for respondent No.1 : Mr.N.Venkataraman Addl. Solicitor-General Mr.Rohan K.George, Ms.Meera Moganasundaram, Mr.R.Soundararajan for M/s.Samvad Partners for respondents 2 and 3

ORDER

(Order of the court was made by the Hon'ble Chief Justice) Learned counsel for the petitioners submits that as the provision itself has undergone amendment, the challenge made to the provision would not survive.

2. In view of that, the writ petition stands disposed of. There will be no order as to costs. W.M.P.No.11789 of 2023 filed to permit the petitioners to file a single writ petition stands allowed and disposed of.

(S.V.G., CJ.) (D.B.C., J.) 18.10.2023 Index :

Yes/No Yes/No bbr

To 1.The Secretary, Union of India, Ministry of Corporate Affairs, 4th Floor, A Wing, Shastri Bhawan, New Delhi-110 001.

2.The Director General, Competition Commission of India "B" Wing, HUDCO Vishala, 14, Bhikaji Cama Place, New Delhi-110 066.

3.The Secretary, Competition Commission of India 9th Floor, Office Block-1, Kidwai Nagar (East) New Delhi-110 023, India.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

bbr 18.10.2023