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Madras High CourtWP(MD)/2582/2020closed

G.Vettievl v. Union Of India

2023-10-19Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and C.M.P.(MD)Nos.2218 to 2220 and 3002 of 2020 G.Vettivel

...Petitioner in both petitions

Vs.

1.Union of India, Rep.by Secretary to the Government, Ministry of Corporate Affairs, Shastri Bhawan, New Delhi-110 001.

2.The National Stock Exchange of India Ltd., Rep.by its Manager, Exchange Plaza, Plot No.C/1, G-Block, Bandra Kurla Complex, Bandra (E), Mumbai-400 051.

3.Securities Exchange Board of India, Rep.by its Deputy General Member, Plot No.C4-A, G-Block, Bandra Kurla Complex, Bandra (E), Mumbai-400 051.

...Respondents in both petitions

PRAYER in W.P.(MD)No.2582 of 2020: Writ Petitions are filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus Calling for the records of the 3rd respondent circular in SEBI/HO/MRD/DSA/CIR/P/2017/92 dated 01.08.2017 issued by the 3rd respondent in the case of the petitioner and the consequential letter dated 10.11.2017 and 15.11.2017 sent by the 2nd respondent in NSE/LIST/25943 and 1/4

NSE/LIST/25943 as being arbitrary and illegal and against natural justice and consequently direct the respondents to de-freeze the shares of the petitioner for discharging his liabilities.

PRAYER in W.P.(MD)No.3553 of 2020: Writ Petitions are filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus Calling for the records of the 3rd respondent circular in SEBI/HO/MRD/DSA-1/OW/P/15219/2019 dated 14.06.2019 as being arbitrary and illegal and against natural justice and consequently direct the respondents to de-freeze the shares of the petitioner for discharging his liabilities. In both petitions:

For Petitioner : Mr.S.I.Muthiah For R1 : Mr.S.Karthik Central Government Standing Counsel For R2 & R3 : Mr.C.Prasanna Venkatesh COMMON O RDER When the matters are taken up for hearing on 03.10.2023, this Court has passed the following order:

W.P.(MD)No.2582 of 2020 has been filed challenging the circular issued by the third respondent, dated 01.08.2017 and consequential letters issued by the second respondent and for a direction to the respondents to defreeze the shares of the petitioner for discharging the liabilities.

2. W.P.(MD). No.3553 of 2020 has been filed challenging the impugned communication of the third respondent, dated 14.06.2019, refusing to defreeze the shares of the Directors of Tuticorin Spinning Mills 2/4

Limited and further directing the Company and its Directors to submit a plan of action for providing exit to the share holders of Tuticorin Spinning Mills Limited.

3. The above Writ Petitions were filed in the year 2020 and no interim orders were passed by this Court. Hence, at this length of time, nothing may survive in these Writ Petitions.

4.The learned counsel for the petitioner sought for some time to take instructions on the present status of the company and its Directors. 5.Post these writ petitions under the caption 'For Orders" on 10.10.2023."

2.When the matters are taken up for hearing today, the learned counsel for the petitioner submits that there are no instructions from his client. 3.Recording the same, these Writ Petitions are closed. No costs. Consequently, connected miscellaneous petitions are closed. 19.10.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No ta To The Secretary to the Government, Ministry of Corporate Affairs, Shastri Bhawan, New Delhi-110 001.

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N.ANAND VENKATESH, J.

ta 19.10.2023 4/4