Madras High CourtWP/24348/2021withdrawn dismissed

Manmohan Singh Jain v. The Adjudicating Authority

2021-11-24Honourable The Acting Chief Justice,Honourable Mr Justice P.D.Audikesavalu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2021 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.24348 of 2021 in W.M.P. No. 25659/2021 Manmohan Singh Jain ..Petitioner Vs 1.The Adjudicating Authority, National Company Law Tribunal, Corporate Bhawan II Floor, Beach Road, Mannadi, George Town, Chennai - 600 001.

2.The Authorised Officer, State Bank of India, Stressed Assets Recovery Branch, Red Cross Buildings, II Floor, No.32, Montieth Road, Chennai - 600 008.

..Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus to direct the first respondent that the "terminus a quo" is 27.04.2021 based on the date of admission (moratorium) and limitation is to be computed backwards from that date as mandated by Section 60(6) of IBC 2016 for the purpose of determination of the prescribed period of limitation by the Adjudicating Authority subject to the appeal already filed and pending before the NCLAT. For the Petitioner : Mr.B.Gurumurthy For the Respondents : Mr.Vipin for respondent No.2 https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) Learned counsel for the petitioner prays for withdrawal of the writ petition with liberty to pursue other legal remedies as per law.

2. In view of the above, the writ petition is dismissed as withdrawn with liberty as prayed for. There will be no order as to costs. Consequently, W.M.P.No.25659 of 2021 is closed.

s/d- Assistant Registrar //True Copy// Sub-Assistant Registrar sasi To:

1. The Adjudicating Authority, National Company Law Tribunal, Corporate Bhawan II Floor, Beach Road, Mannadi, George Town, Chennai - 600 001.

2. The Authorised Officer, State Bank of India, Stressed Assets Recovery Branch, Red Cross Buildings, II Floor, No.32, Montieth Road, Chennai - 600 008.

W.P.No.24348 of 2021 KSM(CO) SP(30/11/2021) https://hcservices.ecourts.gov.in/hcservices/