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Madras High CourtWMP(MD)/3448/2022withdrawn dismissed

Siva Cotton Mills (India) Pvt. v. Board Of Industrial And

2022-06-27Honourable Mr Justice M. Nirmal Kumar2 pages

WMP(MD)No.3448 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Twenty Seventh day of June Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR WMP(MD)No.3448 of 2022 in WP(MD)No.1429 of 2013 Siva Cotton Mills (India) Pvt., Ltd., Rep. by its Managing Director, P.Nagarajan, T.Kunnathur Post, Peraiyur Taluk, Madurai District.

... Petitioner/Petitioner Vs 1.The Board of Industrial and Financial Reconstruction (BIFR), Rep. by its Chairman, New Delhi.

2.The Principal Secretary Chairman and Managing Director State Industries Promotion Corporation of Tamil Nadu Ltd. (SIPCOT), 19-A, Rukmani Lakshmipathy Road, Post Box No.7223, Egmore, Chennai.

... Respondents/Respondents Prayer in WMP(MD)No.3448 of 2022 :- Writ Miscellaneous Petition filed under Article 226 of Constitution of India, to extend the time granted by this Hon'ble Court vide its order dated 29.10.2021 made in W.P.(MD)No.1429 of 2013 for making payment of the remaining due Rs.305.07 Lakhs for a further period of 3 months from 13.03.2022 pending disposal of the above writ miscellaneous petition and thus render justice.

Prayer in WP(MD)No.1429 of 2013 :- Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, to call for the records pursuant to the impugned order passed by the second respondent in Ref.No.F&R/833/2012 dated 02.01.2013 and quash the same and consequently directing the 2nd respondent to charge 8% of interest as per SIPCOT O.O.7/2005 dated 24.05.2005 and also to consider the representation dated 10.04.2012.

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WMP(MD)No.3448 of 2022 ORDER:- This Writ Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.M.Mahabbobb Atiff, Advocate for the Petitioner and of Mr.N.Adithya Vijayalayan, Advocate for the 2nd Respondent, this Court made the following order:- Today, when the Miscellaneous Petition is taken up for hearing, Mr.M.Mahabbobb Athiff, learned counsel for the petitioner submitted that the relief sought for in the Miscellaneous Petition has become infructuous and seeks permission of this Court to withdraw this Miscellaneous Petition. The learned counsel has also made an endorsement to that effect.

2.Recording the above said submission and endorsement made by the learned counsel for the petitioner, this Miscellaneous Petition is dismissed as withdrawn.

Sd/- Assistant Registrar (CS II) // True Copy // /07/2022 Sub Assistant Registrar(CS) TO 1.The Chairman, Board of Industrial and Financial Reconstruction (BIFR) New Delhi.

2.The Principal Secretary, Chairman and Managing Director, State Industries Promotion Corporation of Tamil Nadu Ltd. (SIPCOT) 19-A Rukmani Lakshmipathy Road, Post Box No.7223, Egmore, Chennai.

ORDER DATED : 27/06/2022 ==========================

ORDER

========================== WMP(MD)No.3448 of 2022 in WP(MD)No.1429 of 2013 Giving direction and etc.

as stated within.

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