Spicejet Limited v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2024

CORAM

THE HON'BLE Mr. JUSTICE S.S.SUNDAR AND THE HON'BLE Mr. JUSTICE P.DHANABAL AND W.M.P.No.39668 of 2018 Spicejet Limited Having its registered office at Indira Gandhi International Airport Terminal 1D New Delhi 110 037 India And an office at 319, Udyog Vihar Phase IV, Gurugram 122016 Haryana, India .. Petitioner in both WPs Vs.

1.Union of India Rep. by Secretary Ministry of Corporate Affairs 'A' Wing, Shastri Bhawan Rajendra Prasad Road New Delhi 110 001 2.National Company Law Tribunal (Chennai Bench) Rep. by its Registrar Corporate Bhavan, 3rd Floor 26, Rajaji Salai Chennai 600 001 1/4

3.Credit Suisee AG Having its office at Uetlibergstrasse 231 (C2) 8045, Zurich Switzerland .. Respondents in both WPs W.P.No.34134 of 2018 : Writ Petition filed under Article 226 of the Constitution of India for a writ of declaration declaring the 1st and 2nd provisos to Section 434(1)(C) of the Companies Act, 2013 as unconstitutional and void. W.P.No.

34137 of 2018 : Writ Petition filed under Article 226 of the Constitution of India for a writ of declaration declaring the impugned Rule 5 of the Companies (Transfer of Pending Proceedings) Rules, 2016 as amended by the Companies (Transfer of Pending Proceedings) Second Amendment Rules, 2017 and Rule 6 of the Companies (Transfer of Pending Proceedings) Rules, 2016, notified by the Central Government exercising its powers under Section 434(1), 434(2) and 470(1) of the Companies Act, 2013 (18 of 2013) to the effect of directing the winding up petitions filed and/or pending under Section 433 and 434 of the Companies Act, 1956 to be transferred to the respective benches of the National Company Law Tribunal to be disposed of in terms of the provisions of the Insolvency and Bankruptcy Code of India 2016 (as amended) and Rules framed thereunder as ultra vires the legislative competence of the Parliament/repugnant to the existing provisions of the Section 433/434 of the Companies Act, 1956 as saved in terms of the saving provisions of Section 465 of the Companies Act, 2013 and ultra vires the provisions of Articles 14, 19(1)(g), 20, 21 and 323B of the Constitution of India.

For Petitioner in both WPs : Mr.B.Balachander For RR1 & 3 in both WPs : No appearance For R2 in both WPs : Tribunal C O M M O N O R D E R (Made by S.S.SUNDAR, J.) The learned counsel for the petitioner submits that the prayer in these writ petitions have become infructuous and he has also made endorsements in the respective case bundles to that effect.

2. Recording the above submission and endorsement made by the learned counsel for the petitioner, these writ petitions are dismissed as having become infructuous. No costs. Connected W.M.P. is closed. [S.S.S.R.,J.] [P.D.B., J.] 21.11.2024 Internet : Yes gya 3/4

S.S.SUNDAR, J.

AND P.DHANABAL, J.

gya To 1.The Secretary Union of India\ Ministry of Corporate Affairs 'A' Wing, Shastri Bhawan Rajendra Prasad Road New Delhi 110 001 2.The Registrar National Company Law Tribunal (Chennai Bench) Corporate Bhavan, 3rd Floor 26, Rajaji Salai Chennai 600 001 21.11.2024 4/4