Subburaj Spinning Mills v. The Management
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2017
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P(MD)No.8474 of 2015 and M.P.Nos.1 to 3 of 2015 Subburaj Spinning Mills Employees Union Registered No.869/TVL represented through President C.P.Ramesh Palayamkottai, Tirunelveli .. Petitioner Vs.
1.The Management, Subburaj Textile Mills Pvt Ltd., Madurai Road, Sankar Nagar, Tirunelveli District 2.The Authorized Officer, State Bank of India, Stressed Asset Management Branch, 1112, Raja Plaza, Avinashi Road, Coimbatore-641 037 3.State Bank of Travancore, Represented by its Authorized Officer, 182E S.N.High Road, Tirunelveli-627 001 4.Authorized Officer, IDBI Bank Limited, No.3, West Marret Street, Madurai-625 002.
5.Deputy Commissioner of Labour, Labour Department Vannarapettai, Palayamkottai Tirunelveli District 6.District Collector Tirunelveli District, Kokkirakulam, Tirunelveli-627 009 7.State Government of Tamilnadu Represented through Secretary, Labour Department, Fort St. George, Chennai-600 009.
.. Respondents
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondent Nos.2,3 and 4 forbearing from the closing down of the 1st respondent Mill by taking physical possession through the 6th respondent and in the alternative to arrange for continuing to run the mills till the sale proceedings are completed by the respondents Nos.2,3 & 4.
For Petitioner : Mr.R.Baskaran For Respondents : Mr.V.Meenakshi Sundaram for R2 Mr.S.Chandrasekar for R5 to R7 Government Advocate Mr.J.Prabakaran for R4 No appearance for R1 & 3
ORDER
(Order of the Court was made by T.S.SIVAGNANAM, J.) The writ petition has been filed at the instance of the Employees Union, who want to take over the Management of the default borrower, namely, the first respondent.
2. The learned counsel for the 2nd respondent, which is a lead Bank, submits that another Union filed a writ petition in W.P.No.16860/2015 for grant of such alternative relief to take over the management of the Company, which is dismissed as withdrawn on 20.04.2016. Further more, it is represented that the State Bank has taken possession of the Unit and some machineries were sold and thereafter, a compromise was arrived at with the borrower and the loan amount is in the process of settlement. Hence, no further orders are required in this matter, except to place on record the statement made by the learned counsel for the 2nd respondent Bank. Accordingly, this writ petition stands dismissed.
No costs. Consequently connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The Authorized Officer, State Bank of India, Stressed Asset Management Branch, 1112, Raja Plaza, Avinashi Road, Coimbatore-641 037 2.Authorised officer, State Bank of Travancore, 182E S.N.High Road, Tirunelveli -627 001
3.Authorized Officer, IDBI Bank Limited,No.3, West Marret Street, Madurai-625 002. 4.Deputy Commissioner of Labour, Labour Department Vannarapettai, Palayamkottai Tirunelveli District 5.District Collector Tirunelveli District, Kokkirakulam, Tirunelveli -627 009 6.The Secretary, Labour Department Fort St. George, Chennai-600 009.
+One cc to Mr.J.Prabhakaran, Advocate, SR.No.51285 +One cc to Mr.D.Nallathambi, Advocate, SR.No.51290 RR RL/9C/3P/SV/MMS/25.4.2017 ORDER MADE IN W.P(MD)No.8474 of 2015 and M.P.Nos.1 to 3 of 2015 10.04.2017