Madras High CourtWP/18309/2020withdrawn dismissed

M/S. Shapoorji Pallonji And Company Private Ltd v. Union Of India

2022-04-07Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.04.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.NOS.18309, 18310 & 19454 OF 2020 AND W.P.NO.13907 OF 2021 AND W.M.P.NOS.24040, 24038, 22686 & 22687 OF 2020 AND W.M.P.NO.14801 OF 2021 M/s.Shapoorji Pallonji and Company Private Limited Rep.by its Authorised Signatory Mr.H.Ravikumar, KG 360 Degrees IT Business Park, 7A-1, 7th Floor Dr.MGR Salai, Kandanchavadi Perungudi, Chennai 600 096 Having registered office at No.70, Nagindas Master Road Fort, Mumbai 400 023.

.. Petitioner in all W.Ps.

1. Union of India Represented by Secretary Ministry of Corporate Affairs 'A' Wing, Shastri Bhavan Rajendra Prasad Road New Delhi - 110 001.

2. Registrar of Companies (Ernakulam) Represented by Registrar of Companies Company Law Bhawan, BMC Road Thrikkakara, Kochi-682 001.

3. Registrar of Companies (Chennai) Represented by Registrar of Companies Block No.6, B Wing, 2nd Floor Shastri Bhavan, 26, Haddows Road Chennai 600 034.

4. HLL Life Care Limited Represented by its authorised Signatory HLL Bhavan, Mahilamandiram Road Poojappura, Thiruvananthapuram Kerala-695 012.

5. HLL Biotech Limited Represented by its authorised Signatory HLL Bhavan, Mahilamandiram Road Poojappura, Thiruvananthapuram Kerala-695 012.

.. Respondents in all W.Ps.

Prayer in W.P.No.18309 of 2020 : Petition filed under Article 226 of The Constitution of India praying for Writ of Declaration declaring that section 462 of companies Act as null void ultravires manifestly arbitrary and violative of the basic structure of constitution and strike down the same. Prayer in W.P.No.18310 of 2020 : Petition filed under Article 226 of The Constitution of India praying for Writ of Certiorarified Mandamus to call for the records of the notification passed by the 1st Respondent bearing G.S.R.No.582 (E) Dated 13.06.2017 and quash the same as ultravires arbitrary and violative of the Constitution of India.

Prayer in W.P.No.19454 of 2020 : Petition filed under Article 226 of The Constitution of India praying for Writ of Certiorari to call for the records of 4th and 5th Respondents in relation to the scheme of arrangement between the 4th and 5th Respondents herein under section 230 to 232 read with section 66 of the companies Act dated 25.07.2020 and quash the same. Prayer in W.P.No.13907 of 2021 : Petition filed under Article 226 of The Constitution of India praying for Writ of Certiorari call for the records of the Final Order /24/ 03/ 2019- CL- III dated 22.03.2021 passed by the Government of India Ministry of corporate Affairs 1st Respondent herein which accords sanction with effect from 1.04.2019 for the Scheme of Arrangement between the 4th and 5th Respondents herein and quash the same.

For Petitioner in all W.Ps.

Mr.Anirudh Krishnan For Respondent No.1 in all W.Ps :

Mr.Sankaranarayanan Additional Solicitor General of India Assisted by Mr.S.N.Parthasarathi For Respondent Nos.4 & 5 in all W.Ps.

Mr.Sathish Parasaran Senior Counsel, Assisted by Mr.Prashanth Rajagopal

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Learned counsel for the petitioner prays for withdrawal of the writ petitions with a liberty to take remedy against the order of amalgamation of companies.

2. As prayed, the writ petitions are dismissed as withdrawn with a liberty to pursue the remedy available to them and the dismissal of these writ petitions would not come in the way of the petitioner seeking any other remedy.

There will be no order as to costs. Consequently, connected W.M.P.Nos.24040, 24038, 22686 and 22687 of 2020 and W.M.P.No.14801 of 2021 are also dismissed.

Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar KST To:

1. The Secretary to Government Ministry of Corporate Affairs 'A' Wing, Shastri Bhavan Rajendra Prasad Road New Delhi - 110 001.

2. The Registrar of Companies (Ernakulam) Represented by Registrar of Companies Company Law Bhawan, BMC Road Thrikkakara, Kochi-682 001.

3. The Registrar of Companies (Chennai) Represented by Registrar of Companies Block No.6, B Wing, 2nd Floor Shastri Bhavan, 26, Haddows Road Chennai 600 034.

4. The Authorised Signatory HLL Life Care Limited HLL Bhavan, Mahilamandiram Road Poojappura, Thiruvananthapuram Kerala-695 012.

5. The Authorised Signatory HLL Biotech Limited HLL Bhavan, Mahilamandiram Road Poojappura, Thiruvananthapuram Kerala-695 012.

+1cc to Mr.Prashanth Rajagopal, Advocate, S.R.No.24080 +1cc to Mr.K.A.Ravindran, Advocate, S.R.No.24432 +2ccs to Mr.Anirudh Krishnan, Advocate, S.R.No.24336 W.P.Nos.18309,18310 & 19454/2020 and W.P.No.13907 of 2021 PPA(CO) RLP(19/04/2022)