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Madras High CourtWP/28475/2017dismissed as infructuous

Chennai Vendors Association, v. The Chairman And Managing

2018-01-10Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.01.2018

CORAM

THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.No.28475 of 2017 and WMP.Nos.30583 & 30584 of 2017 Chennai Vendors Association A registered Society Having registration number 317/2015 Having its registered office at No.7, S.G.Natarajan Street, Muthamizh Nagar, Chennai-600 075.

Represented by its President R.Mathialagan ... Petitioner versus 1.The Chairman and Managing Director Chennai Metro Rail Ltd., CMRL Depot, Admin Building Poonamallee High Road, Koyambedu, Chennai-600 107 Represented by its Managing Director 2.BASF India Limited Plot No.P.8/1, 2nd Floor, Veerapuram Village Mahindra World City, Chengalpet Taluk Kanchipuram District, Tamil Nadu - 603 002.

Represented by its Managing Director.

3.Ms.Chitra Srinivas 4.M/s.MosMetro India Pvt. Ltd., Having its registered office at No.88/150, Dharma Towers, 2nd Floor, Nelson Manickam Road, Choolaimedu Chennai-600 094.

Represented by its Managing Director.

5.M/s.Gammon - OJSC Mosmetrostroy (JV) ASV Adarsh Adarsh Building, 3rd Floor, Block - C No.719, Pathari Road, Chennai-600 002.

Represented by its Managing Director.

6.M/s.Gammon India LImited No.3, Dr.Subbarayan Nagar Main Road, Near Samiar Madam, Kodambakkam, Chennai-600 024.

...Respondents

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing that the appointment of the 3rd respondent by the National Company Law Tribunal in its orders dated 01.09.2017 and 21.09.2017 passed in TCP/528/(1B)/CB/2017 should not be in contravention of the orders passed by this Hon'ble Court in WP.Nos.16062 to 16066 of 2015; WP.Nos.18294 to 18298 of 2015; WP.Nos.18310 to 18314 of 2015; WP Nos.18383 to 18389 of 2015; WP.No.4738 of 2016 and WP.No.8395 of 2016 dated 29.04.2016 and insofar as the recovery of the dues of the members of the petitioner from the joint venture entity.

For Petitioner : Ms.Archana Iyer for Mr.Thriyambak J. Kannan Respondents: R1,R2 & R6 NA

O R D E R

The learned counsel for the petitioner submitted that in view of the order passed by the National Company Law Appellate Tribunal, New Delhi, dated 28.11.2017, this writ petition has become infructuous. She has filed a copy of the said order before this Court and she has also made an endorsement to that effect. Accordingly, this writ petition is dismissed as having become infructuous.

No costs.

Consequently, connected miscellaneous petitions are closed.

s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar mk

To The National Law Appellate Tribunal New Delhi.

W.P.No.28475 of 2017 SSI(CO) SP(24/01/2018)