M/S.Anandram Developers v. Indian Overseas Bank

W.M.P.No.22647 of 2016 and WMP.No.24481 of 2016 in W.P.No.8351 of 2016 --- HULUVADI G. RAMESH, J.

and M.V.MURALIDARAN, J.

(Order of the court was made by HULUVADI G. RAMESH, J.) The main Writ Petition in W.P.No.8351 of 2016, filed by the petitioner herein has been disposed of by this court by order dated 28.06.2016. Thereafter, on 28.07.2016, W.M.P.No.22647 of 2016 was listed before this court, which petition has been filed seeking extension of time. On the said date, one Mr.C.S.Ganesh, stating to be Party-in-Person appeared before this court. On the submissions made by him, we have passed a direction making it clear that it is open to the petitioner to convince the Asset Reconstruction Company to accept the proposal of one time settlement or to make a substantial payment towards the dues and seek further extension of time and the appellate forum alone can look into the matter in detail.

2. Further, on instructions of this court, The Asset Reconstruction Company, filed WMP.No.24481 of 2016, seeking to take action against the Authroized Signatory of the Respondent No.1/M/s.Anandram Developers Private Limited and Mr.C.S.Ganesan for their act. In the affidavit filed in support of the said WMP, it is stated in paragraph Nos.5 and 6 as follows:- "5. That as per records before the Registrar of Companies, Chennai, the following three persons alone are the Directors of the Company:

1. Kovelamudi Bapaiah

2. Mukundan Vijayan

3. Komma Reddy Tarun Kumar None of these three people were present in Court on 28.07.2016. The Petitioner was represented by the said Mr.C.S.Ganesan claiming himself to be as a party in person. No authorization letter or Board Resolution was ever filed before this Hon'ble Court. Also there has been no revocation of the Vakalat that had been given by the Petitioner.

6. I respectfully submit that in such circumstances the representation made by Mr.C.S.Ganesan is in utter disrespect to this Hon'ble Court and in total violation of the Advocate's Act. The said Mr.C.S.Ganesan, though being fully aware of the above, has deliberately made a representation before this Hon'ble Bench."

3. Today, Mr.R.Srinivas, learned counsel appearing for M/s.G.Vijayakumar on behalf of M/s.Anandram Developers Private Limited in WMP.No.22647 of 2016, sought for extension of time for disposal of the S.A.No.113 of 2012.

4. Taking into consideration the conduct of the Writ Petitioner/M/s.Anandram Developers/petitioner in WMP.No.22647 of 2016, we are not inclined to entertain WMP.No.22647 of 2016. Accordingly, the same is dismissed.

5. With the above observation, WMP.No.24481 of 2016 is closed.

(H.G.R.,J.) (M.V.M.,J.) 16.08.2016 nvsri

HULUVADI G. RAMESH,J.

and M.V.MURALIDARAN,J.

nvsri W.M.P.No.22647 of 2016 and WMP.No.24481 of 2016 in W.P.No.8351 of 2016 16.08.2016