D.Samuel Surendran v. Thazham Apartments Owners Welfare Association

in W.P (SR) No.76155 of 2024 M.SUNDAR.J., and K.GOVINDARAJAN THILAKAVADI, J., (Order of the Court was made by M.SUNDAR.J.,) Prayer in the captioned 'Writ Miscellaneous Petition' ['WMP' for the sake of brevity] is not just terse, it is vague, it lacks clarity and specificity as it does not mention the nature of the writ which the writ petitioner intends to seek, the relief which the writ petitioner intends to seek or any other relevant particulars.

2. In the hearing, Mr.P.Prajeeth, learned counsel of M/s.D.R.Law Chambers (Law Firm) submits that the writ petitioner wants to challenge an order dated 27.05.2024 made by the National Company Law Tribunal, Division Bench, Court II, Chennai in I.A.(IBC)/1290(CHE)/2024 in CP(IB)/568/(CHE)/2017 but this has not been spelt out in the prayer in the captioned WMP.

3. The question as to whether leave is required is also an aspect which requires to be looked into.

4. However, faced with the above situation, Mr.P.Prajeeth, 1/4

learned counsel sought leave to withdraw the captioned WMP but made a fervent request to preserve the rights of the petitioner to come up with another leave petition (WMP) spelling out the details in the prayer with clarity and specificity. Saying so, learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows:

5. To be noted, if any fresh WMP is filed, on being if so advised and if so desired, this order shall be enclosed in the typed-set of papers for reference.

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6. In the light of the narrative thus far, captioned WMP is disposed of as closed/withdrawn albeit preserving all the rights and contentions of the WMP petitioner in the aforesaid manner. There shall be no order as to costs.

[M.S.J.,] [K.G.T.J.,] 02.07.2024 gpa 3/4

M.SUNDAR.J., and K.GOVINDARAJAN THILAKAVADI, J., gpa in W.P (SR) No.76155 of 2024 02.07.2024 4/4