Binny Engineering Ltd., v. The Union Of India Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2017

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.13798 of 2004 Binny Engineering Ltd., Rep. by its Deputy Manager, (Accounts) B.Vaidyanathan ... Petitioner Vs.

1. The Union of India: Rep. by the Secretary, Ministry of Law Justice and Company Affairs, New Delhi.

2. The Chairman: Industry Facilitation council and Commissioner and Director of Industries and Commerce: Chennai.5.

3. M/s. Jaikamal Paints, by its Partner Jayant M.Shah.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Declaration, declaring that the provisions of the interest on delayed payments to Small Scale and Ancillary Industrial Undertaking(Amendment) Act (Act 32 of 1993) are unconstitutional ultra vires, and void and strike down the same.

For Petitioner: Mr.S.Srinath Sridevan For Respondent: Mr.P.Subramanian for R1, No Appearance for R2, Mr.P.B.Sampathkumar for R3.

O R D E R

The learned counsel appearing for the petitioner submits that the relief sought for in this writ petition has become infructuous and hence the writ petition may be dismissed as infructuous. He has also made an endorsement to that effect in the petition.

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2. Recording the endorsement made by the learned counsel appearing for the petitioner, this writ petition is dismissed as infructuous. No costs. Consequently, the connected miscellaneous petition is also closed.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar msvm To

1. The Secretary Union of India:

Ministry of Law Justice and Company Affairs, New Delhi.

2. The Chairman: Industry Facilitation council and Commissioner and Director of Industries and Commerce: Chennai.5.

+1 CC to Mr.S.Srinath Sridevan, Advocate sr 49576. W.P.No.13798 of 2004 GJ II(CO) SP(03/08/2017) https://hcservices.ecourts.gov.in/hcservices/