Subhiksha Trading Services v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.09.2017
CORAM:
THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.No.4651 of 2013 Subhiksha Trading Services Ltd., rep. by its Managing Director, Mr.R.Subramanian, Shop No.11, Ground Floor (Rear side), No.15/1, Thambiah Road, West Mambalam, Chennai 600 033.
... Petitioner vs.
1.
The Union of India, rep. by its Secretary to the Government, Ministry of Corporate Affairs, New Delhi.
2.
The Regional Director, Ministry of Company Affairs, Southern Region, Shastri Bhavan, No.26, Haddows Road, Chennai 600 006.
The Registrar of Companies, Southern Region, Shastri Bhavan, No.26, Haddows Road, Chennai 600 006.
4.
The Deputy Director (Inspection), Ministry of Corporate Affairs, Shastri Bhawan, 5th Floor, 'A' Wing, Dr.Rajedra Prasad Marg, New Delhi.
5.
Serious Fraud Investigation Office, Ministry of Corporate Affairs, Government of India, New Delhi, rep. by its Additional Director (Inv) ... Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorari, calling for the records relating to the order of the 4th respondent bearing Reference F.No.4/88/2011-CL.II, dated 17.10.2012 and quash the same.
For Petitioner :
Mr.Prakash Goklaney For Official Liquidator :
Mr.A.P.Babu For Respondents : Mr.G.Rajagopal, ASG for Mr.B.Rabu Manohar, SCGPC
O R D E R
Today, when the matter is taken up for hearing, learned counsel for the petitioner submitted that the petitioner Company has been wound up.
2. Mr.A.P.Babu, learned counsel appearing for the Official Liquidator, submitted that the Official Liquidator has taken charge and the decision taken by the 5th respondent that has been submitted before the Court has been kept in abeyance pursuant to the interim order of this Court. He further submitted that the other respondents may proceed with the matter to arrive at a logical conclusion and that the Official Liquidator has no objection to it.
Recording the submissions made on behalf of the Official Liquidator, as the Official Liquidator is being represented in the place of the original petitioner, this Writ Petition is dismissed with liberty to the respondents to proceed against the violators in terms of the Report submitted in accordance with law. No costs. Consequently, connected M.P.No.1 of 2015, 2 of 2013 and W.M.P.No.22590 of 2017 are closed. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar
aeb To:
1.
The Secretary to Government, Union of India, Ministry of Corporate Affairs, New Delhi.
2.
The Regional Director, Ministry of Company Affairs, Southern Region, Shastri Bhavan, No.26, Haddows Road, Chennai 600 006.
The Registrar of Companies, Southern Region, Shastri Bhavan, No.26, Haddows Road, Chennai 600 006.
4.
The Deputy Director (Inspection), Ministry of Corporate Affairs, Shastri Bhawan, 5th Floor, 'A' Wing, Dr.Rajedra Prasad Marg, New Delhi.
5.
The Additional Director (Inv), Serious Fraud Investigation Office, Ministry of Corporate Affairs, Government of India, New Delhi.
+2cc to Mr.Prakash Goklaney, Advocate Sr. 65935 +1cc to Mr.B.Rabu Manohar, Advocate Sr. 65723 Order in W.P.No.4651 of 2013 AK(CO) VR(03/10/2017)