R.Balaji v. Govt Of India Ministry Of Corporate

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 31207 of 2019 and WMP.NO.31354 & 31355 of 2019 R. Balaji ... Petitioner Vs.

1. Government of India Ministry of Corporate Affairs Office of the Official Liquidator High Court, Madras Corporate Bhawan 2nd Floor, No. 29, Rajaji Salai Chennai - 600 001.

2. M/s. KRM Kumaragam Chits (P) Ltd.

Represented by its Managing Director No. 150, Railway Station Road Ground Floor, Kavarapettai Gummidipoondi - 601 206.

... Respondents Petition filed under Article 226 of the Constitution of India, for issue of Writ of Certiorarified Mandamus, calling for the records of the First Respondent in pursuance to the impugned notice dated 23.03.2018 vide proceedings of the First Respondent bearing F.No. 1211(87)/ 2017/AR-III/DEBT and quash the same and consequently direct the First Respondent to calculate the actual due payable by this Petitioner in pursuance to the mortgage deed and receive the said amount and to discharge the Petitioner from his liability and to redeem the mortgage deed in accordance with law within a time frame.

For Petitioner :

Mr. G. Ilamurugu For Respondents:

Mr. A. Asvathanam (For R1) Central Government Standing Counsel https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The Official Liquidator attached to this Court had been appointed as Provisional Liquidator of the Second Respondent by order dated 18.10.2016 in Company Petition No. 279 of 2016 and notice F. No. 1211(87)/2017/AR-III/DEBT dated 23.03.2018 was issued to the Petitioner demanding payment of Rs.28,36,272/- together with interest as due to the Second Respondent as per its records. The Petitioner has challenged the said demand notice in this Writ Petition and has sought for consequential direction to the First Respondent to calculate the actual amount payable and received payments for the same and discharge the Petitioner from that liability.

2.

When it is pointed out that adequate provisions have been made in the Companies Act, 2013, for the Petitioner to work out his rights for the reliefs claimed in this Writ Petition, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the same and he has made an endorsement to that effect.

3.

Recording the same, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar maya To

1. Ministry of Corporate Affairs Office of the Official Liquidator High Court, Madras Corporate Bhawan 2nd Floor, No. 29, Rajaji Salai Chennai - 600 001.

+1cc to Mr.G. Ilamurugu , Advocate SR.No. 92325 +1cc to Mr.A. Asvathanam , Advocate SR.No. 92933 W.P. No. 31207 of 2019 and WMP.NO.31354&31355 of 2019 A.SK(13/11/2019) https://hcservices.ecourts.gov.in/hcservices/