63 Moons Technolgies Limited v. The Competent Authority (Tnpid Act 1997)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.02.2022 C O R A M THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA W.P.NOS.16749 OF 2020 & 2389 OF 2021 AND W.M.P.NOS.1736, 3723, 7170, 7171 & 7403 OF 2021 63 Moons Technologies Limited, Represented by its Authorised Signatory Mr.John Deepak Having its Registered Office at Shakthi Tower -1, Seventh Floor, E 766 Anna Salai, Thousand Lights, Chennai - 600 002.
...Petitioner
in both W.Ps Vs.
1. The Competent Authority (TNPID Act, 1997) - District Revenue Officer, Office of District Collector, Chennai 5th Floor, Singaravelar Maaligai, No.32, Rajaji Salai, Chennai - 600 001.
2. Government of Tamil Nadu, Represented by its Secretary, Home Department, Fort St.George, Chennai - 600 009.
3. Economic Offences Wing -II (Financial Institutions), Represented by Additional Director General of Police, SIDCO, Alandur Rd, Thiru Vi Ka Industrial Estate, SIDCO Industrial Estate, Guindy, Chennai - 600 032.
4. Dewan Housing Finance Corporation Limited (DHFL), Having its registered office at Warden House, Second floor, Sir P.M. Road, Fort, Mumbai 400 001 Represented by its Administrator, R.Subramania Kumar Having Office at 10th Floor, TCG Financia Centre, G Block,
BKC, Bandra Kurla Complex Bandra (E), Mumbai 400 051.
... Respondents in W.P.No.16749 of 2020 (R4 impleaded vide order dated 12.12.2021 made in W.M.P.No.1736 of 2021 in W.P.No.16749 of 2020 by NAVJ)
1. Union Bank of India, Represented by its Managing Director & CEO, Union Bank Bhavan, 239, Vidhan Bhavan Marg, Nariman Point, Mumbai - 400 021.
2. Reserve Bank of India Represented by its Governor, Central Office Building 18th Floor, Shahid Bhagat Singh Road, Mumbai - 400 001.
3. The Director, Central Bureau of Investigation, Plot No.5-B, CGO Complex, Lodhi Road, New Delhi - 110 003.
... Respondents in W.P.No.2389 of 2021 Prayer W.P.No.16749 of 2020:
Writ Petition filed under Article 226 of the Constitution of India, prayed for the issuance of Writ of Mandamus, by exercising the inherent jurisdiction under Article 226 of the Constitution of India and direct the second respondent herein to exercise powers under Section 3 of the Tamil Nadu Protection of Interest of Depositors Act, 1997 and pass an ad-interim order of attachment of the schedule mentioned properties (Schedule A, B, C and D) of the entities / persons and the group companies and such other properties as the Government of Tamilnadu, the competent authority under TNPID Act, the EOW may deem fit and consequently transfer the control over the said money or property to the competent authority.
Prayer W.P.No.2389 of 2021:
Writ Petition filed under Article 226 of the Constitution of India, prayed for the issuance of Writ of Mandamus, directing the first respondent being the lead bank of the bank creditors to DHFL, to refer / report the said case of fraud / embezzlement committed by the Dewan Housing Finance Limited (DHFL) and its directors and key managerial personnel, to the third respondent
viz., Central Bureau of Investigation ("CBI"), in accordance with the circular dated 01.07.2016 of second respondent viz., RBI so that the third respondent CBI may proceed against the said persons in accordance with law.
In W.P.No.16749 of 2020 For Petitioner : Mr.Nithyaesh and Vaibhav For R3 : Mr.A.Gokulakrishnan Additional Public Prosecutor For R4 : Mr.S.Santhosh In W.P.No.2389 of 2021 For Petitioner : Mr.Nithyaesh and Vaibhav For R2 : Mr.C.Mohan For R3 : Mr.K.Srinivasan Special Public Prosecutor COMMON ORDER Learned counsel for the petitioner seek permission of this Court to withdraw these Criminal Original petitions. He has also made an endorsement to that effect.
2.Ms.Roshini, learned representing counsel for Mr.B.Vijay, learned counsel on record for the petitioner in W.M.P.No.7170 of 2021, submits that Mr.B.Vijay has been appointed as Law Officer and thereby, seeks that his name may be deleted and a memo is also filed to that effect.
3.In view of the above submission made by the learned counsel for the petitioner, these Criminal Original Petitions are dismissed as withdrawn.
Consequently, connected miscellaneous petitions are closed.
4.The Registry is directed to delete the name of Mr.B.Vijay, learned counsel for the petitioner in W.M.P.No.7170 of 2021.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rst/jas
To:
1. The Competent Authority (TNPID Act, 1997) - District Revenue Officer, Office of District Collector, Chennai 5th Floor, Singaravelar Maaligai, No.32, Rajaji Salai, Chennai - 600 001.
2. The Secretary, Government of Tamil Nadu, Home Department, Fort St.George, Chennai - 600 009.
3. The Additional Director General of Police, Economic Offences Wing -II (Financial Institutions), SIDCO, Alandur Rd, Thiru Vi Ka Industrial Estate, SIDCO Industrial Estate, Guindy, Chennai - 600 032. Ponneri Circle, Tiruvallur District - 601 203.
4. The Managing Director & CEO, Union Bank of India, Union Bank Bhavan, 239, Vidhan Bhavan Marg, Nariman Point, Mumbai - 400 021.
5. The Governor, Reserve Bank of India Central Office Building 18th Floor, Shahid Bhagat Singh Road, Mumbai - 400 001.
6. The Director, Central Bureau of Investigation, Plot No.5-B, CGO Complex, Lodhi Road, New Delhi - 110 003.
W.P.Nos.16749 of 2020 & 2389 of 2021 JPL(CO) PM/02/03/2022