M/S. Karware Impex P.Ltd. v. The Addl. Director General

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2017

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.Nos.23857 & 23858 of 2006 & M.P.Nos.1 & 2 of 2006 M/s.Karware Impex P. Ltd., rep. by its Managing Director, Mr.V.Subhramaniyam, Devadanam Village, Minjur, Ponneri Taluk, Tiruvellore District-601 203.

... Petitioner in WP.23857/06

2. V.Subhramaniyam ... petitioner in WP.23858/16 Vs.

1.The Additional Director General of Foreign Trade, Ministry of Commerce & Industry, Department of Commerce, Directorate General of Foreign Trade, Udyog Bhavan, New Delhi-110 001.

2.The Zonal Joint Director, General of Foreign Trade, Office of the Zonal Joint, Director General of Foreign Trade, 38 & 39, Whites Road, Royapettah, Chennai-600 014.

3.The Director General of Revenue Intelligence, Ministry of Finance, Department of Revenue, Zonal Unit, No.25, Gopalakrishna (Iyer) Road, T.Nagar, Chennai-600 017.

... Respondents in both W.Ps.

Petitions filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, to call for the records of the impugned common Order In Appeal dated 18.05.2006 bearing Ref.No.11/105 & 316/2005-06/ECA.1 passed by the first respondent and quash the same.

For Petitioner : Mr.C.Saravanan For Respondents : Mr.V.Sundareswaran, Senior Panel Counsel ***** C O M M O N O R D E R The petitioner has filed these writ petitions challenging the order passed by the appellate authority rejecting the petitioner's appeal petition filed against the order passed by the Joint Director General of Foreign Trade dated 10.06.2005. 2.It may not be necessary for this Court to go into the correctness of the impugned order. In the light of the memo filed by the learned counsel for the petitioner enclosing the registered letters sent by the learned counsel for the petitioner to the petitioner, which were returned with a postal endorsement "left without instructions". Therefore, the learned counsel for the petitioner reports no instruction as of now. Apart from that, from the official website of the Ministry of Corporate Affairs, it is seen that the company has been struck off from the roll of the Registrar of Companies. In such circumstances, there may not be any necessity for this Court to test the correctness of the impugned order.

3.Accordingly, these writ petitions are closed, leaving it open to the petitioner to reopen the issue, in the event, the company restored to the file of the Registrar of Companies. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-iv) //True Copy// Sub Assistant Registrar abr To 1.The Additional Director General of Foreign Trade, Ministry of Commerce & Industry, Department of Commerce, Directorate General of Foreign Trade, Udyog Bhavan, New Delhi-110 001.

2.The Zonal Joint Director, General of Foreign Trade, Office of the Zonal Joint, Director General of Foreign Trade, 38 & 39, Whites Road, Royapettah, Chennai-600 014.

3.The Director General of Revenue Intelligence, Ministry of Finance, Department of Revenue, Zonal Unit, No.25, Gopalakrishna (Iyer) Road, T.Nagar, Chennai-600 017.

+1cc to Mr.V.SUNDARESWARAN Advocate, S.R.No. 81546 +2 cc to Mr.C.SRAVANAN Advocate, S.R.No. 81573 W.P.Nos.23857 & 23858 of 2006 NM(CO) TR(12/12/2017)