Summer India Textile Mills v. National Company Law Tribunal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MS. JUSTICE R.N. MANJULA and W.M.P.Nos.16774 & 16775 of 2017 Summer India Textile Mills Pvt. Ltd., Represented by its Director, No.176/2A, Kozhikkalnatham Road, Thiruchengode - 637 211.

... Petitioner Vs.

1.National Company Law Tribunal, Division Bench, through its Deputy Registrar, Corporate Bhavan, Rajaji Salai, Chennai - 600 001.

2.State Bank of India Stressed Assets Management Branch, Raja Plaza, First Floor, 1112, Avinashi Road, Coimbatore - 641 057.

3.C.V.Madhusudhanan KSR & Co. Company Secretaries LLP 101, Indus Chambers, Government Arts College, Coimbatore - 641 018.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records of the 1st respondent pertaining to the order dated 13.06.2017 made in IND/1841/(IB)/CB/2017 on the file of the 1st respondent and quash the same.

For Petitioner :

No appearance R1 :

Tribunal For R2 :

Mr.R.Imayavaramban for M/s.Ramalingam and Associates For R3 :

No appearance

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) Today, there is no representation on behalf of the petitioner.

2.The writ petition is against the order directing the Insolvency Resolution Professional to take charge of the entity and make compliance of the order as per the provisions of the Insolvency and Bankruptcy Code, 2016.

3.Learned counsel appearing for the 2nd respondent states that the prayer in the writ petition has become infructuous in view of the subsequent developments. This Court finds it inappropriate to keep the matter pending. Therefore, this writ petition is dismissed for non-prosecution. In case if anything survives, it is open to the petitioner to file a petition to restore the writ petition. No costs. Consequently, connected miscellaneous petitions are closed.

(S.S.S.R., J.) (R.N.M., J.) 07.11.2024 mkn Internet : Yes Index : Yes / No

S.S. SUNDAR, J.

and R.N. MANJULA, J.

mkn To 1.The National Company Law Tribunal, Division Bench, through its Deputy Registrar, Corporate Bhavan, Rajaji Salai, Chennai - 600 001.

2.The State Bank of India Stressed Assets Management Branch, Raja Plaza, First Floor, 1112, Avinashi Road, Coimbatore - 641 057.

07.11.2024