Jakrish Automation India(Pvt-Ltd), v. The Directorate Of Enforcement,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.09.2023 CORAM: JUSTICE N.SESHASAYEE WP.No.25429 of 2023 Jakrish Automation India (Pvt-Ltd), Rep. by N.Krishnamoorthy

...Petitioner

-Vs1.The Directorate Of Enforcement, 2nd Floor, Kusu Kumar Street, Nungampakkam, Chennai.

2.The Superintendent of Police, Economic Offence Wing, Ashok Nagar, PTC College, Chennai.

3.The Assistant Registrar, Assistant Registrar of Companies, Ministry of Corporate Affairs, Sasthri Bhavan, Nungampakkam, Chennai.

4.The Project Manager, Vallam SIPCOT, Sriperumpudhur, Kanchipuram District.

5.G.Vigneshwaran

...Respondents

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Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 4th respondent to stop dismantling works and all further proceedings in the company Name and style of JAGKRISH based on the petitioner's representation dated 28.06.2023.

For Petitioner : Ms.A.Kanaka Velappan For Respondents : Mr.N.Ramesh, Spl. PP(ED) for R1 Mr.N.Muthuvel, GA(Crl. Side) for R2 Ms.V.Sudha, CGC for R3 Ms.Sudharshana Sundar for R4

ORDER

The petitioner is a company whose Manager has come under the radar of the Enforcement Directory. While so, the petitioner herein alleges that the petitioner's unit is in SIPCOT Industrial Estate at Sriperumpudhur and the allegation is that a certain crane belonging to the petitioner worth around Rs.1.5 Crores is being dismantled by the fifth respondent without any authority.

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2.Mr.N.Ramesh, Spl. PP(ED) takes notice for the first respondent. Mr.N.Muthuvel, GA(Crl. Side) takes notice for the second respondent. Ms.V.Sudha, CGC takes notice for the third respondent. Ms.Sudharshana Sundar, learned counsel takes notice for the fourth respondent.

3.The learned counsel for the first respondent makes a statement that the Enforcement Directorate has attached the properties of the Managing Director of the petitioner company.

4.The learned counsel for the fourth respondent submits on instructions that no relief is sought against the SIPCOT.

5.This Court perused the entire papers and finds that the controversy is between the petitioner and the fifth respondent, which a private wrong and this Court cannot take cognizance of the said dispute. 3/6

6.This apart, this Court is also informed by the learned counsel for the first respondent that the affidavit is sworn by the Manager (HR) of the petitioner company and it suspects that it is being done only to help the petitioner's Manager in wriggling out of the situation he faces vis-a-vis the first respondent.

7.This Court does not want to pass any immediate opinion on the same. 8.For the reasons stated, the Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. 04.09.2023 Index : Yes/No Internet : Yes/No Tsg 4/6

To 1.The Directorate Of Enforcement, 2nd Floor, Kusu Kumar Street, Nungampakkam, Chennai.

2.The Superintendent of Police, Economic Offence Wing, Ashok Nagar, PTC College, Chennai.

3.The Assistant Registrar, Assistant Registrar of Companies, Ministry of Corporate Affairs, Sasthri Bhavan, Nungampakkam, Chennai.

4.The Project Manager, Vallam SIPCOT, Sriperumpudhur, Kanchipuram District.

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N.SESHASAYEE, J., Tsg Order made in 04.09.2023 6/6