Southern Polypet Pvt Ltd, v. The Union Of India, Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2018

CORAM:

THE HON'BLE MR. JUSTICE S.MANIKUMAR and THE HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD W.P.No.23448 of 2017 Southern Polypet Private Limited having its Registered office at:

40/5, Sathyamoorthy Street Devaraj Nagar Main Road Dasarathapuram, Saligramam Chennai - 600 093 Now having its office at:

No.3, 10th Street, Kamarajar Road TASS Industrial Estate, Ambattur Chennai - 600 098 ... Petitioner Vs.

1.The Union of India Represented by Secretary to Government Ministry of Corporate Affairs 'A' Wing, Shastri Bhawan, Rajendra Prasad Road New Delhi - 110 001 2.M/s.Eastern Plastix Represented by its Managing Partner Mr.V.Chandrasegaran No.98/12, SIDCO Industrial Estate Thirumudivakkam, Chennai - 600 044 3.National Company Law Tribunal, Chennai Bench Represented by the Registrar Corporate Bhavan, 3rd Floor, 29, Rajaji Salai, Chennai - 600 001 ... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, for a writ of declaration, declaring Sections 5, 8, 9, 13, 14, 17, 20, 25, 29(2), 30, 31 of the Insolvency and Bankruptcy Code, 2016 read with Rule 8 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, as contrary to Articles 14, 19 and 21 of the Constitution of India.

https://hcservices.ecourts.gov.in/hcservices/

For Petitioner : Ms.Goda Raghavan For Respondents : Mr.G.Karthikeyan, Assistant Solicitor General of India for R1

J U D G M E N T

(Order of the Court was made by SUBRAMONIUM PRASAD, J.) Instant writ petition has been filed for a writ of declaration, declaring Sections 5, 8, 9, 13, 14, 17, 20, 25, 29 (2), 30, 31 of the Insolvency and Bankruptcy Code, 2016 read with Rule 8 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, as contrary to Articles 14, 19 and 21 of the Constitution of India.

2. Ms.Goda Raghavan, learned counsel on record for the petitioner submitted that the writ petition be dismissed as withdrawn. She has also made an endorsement to that effect.

3. Placing on record the submission and the endorsement, the writ petition is dismissed as withdrawn. However, there shall be no order as to costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To 1.The Secretary to Government, Union of India, Ministry of Corporate Affairs 'A' Wing, Shastri Bhawan, Rajendra Prasad Road New Delhi - 110 001 2.National Company Law Tribunal, Chennai Bench Represented by the Registrar Corporate Bhavan, 3rd Floor, 29, Rajaji Salai, Chennai - 600 001 +1 cc to Mr.Aniruth Krishnan, Advocate SR.No.78102 +1 cc to M/s.Venkataswamy, Advocate SR.No.78372 W.P.No.23448 of 2017 CSL/06.12.2018 https://hcservices.ecourts.gov.in/hcservices/