Madras High CourtWP(MD)/18648/2021dismissed

Kamaraj.P v. The Nodal Officer Cum Secretary

2021-10-22Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P(MD).No.18648 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD).No.18648 of 2021 P.Kamaraj ... Petitioner Vs.

The Nodal Officer Cum Secretary, Justice (Retd). R.M.Lodha Committee, In the Matter of PACL Properties, SEBI Bhavan, BKC, Bandra (East), Mumbai.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to accept petitioner offer at earliest for further course of action in accordance to set guidelines of SEBI based on the petitioner's continue representations dated 15.02.2021, 23.04.2021 and 30.09.2021.

For Petitioner : Mr.Veeravel Pandian for Mr.J.Gunaseelan Muthiah

ORDER

The petitioner seeks a direction to the respondent to accept his offer to purchase immovable assets of PACL Limited on its group entities pursuant to his representations dated 15.02.2021, 23.04.2021 and 30.09.2021.

2.The petitioner states that a public notice was issued on 06.02.2020 by the respondent. Such public notice pertained to the sale of properties of PACL Limited and its group entities. In response thereto, the petitioner submitted an expression of interest. The present writ petition is filed seeking acceptance of the petitioner's expression of interest.

3.The present writ petition is liable to be rejected for more than one reason. To begin with, a person expressing an expression of interest cannot seek a direction for acceptance of such expression of interest. Indeed, the petitioner has not produced documents to establish that he qualifies as an eligible bidder in terms of the public notice. Secondly, the said public notice stipulates that only the Hon'ble Supreme Court of India shall have jurisdiction with respect to the sale process. Therefore, the present writ petition is not sustainable.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD).No.18648 of 2021 4.For reasons set out above, W.P.(MD).No.18648 of 2021 is dismissed without any order as to costs by leaving it open to the petitioner to approach the Hon'ble Supreme Court, if so intended. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) sn/sji Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO:- The Nodal Officer Cum Secretary, Justice (Retd). R.M.Lodha Committee, SEBI Bhavan, BKC, Bandra (East), Mumbai.

+1 CC to M/s.J.GUNASEELAN MUTHIAH, Advocate (SR-32296[F] dated 22/10/2021) W.P(MD).No.18648 of 2021 22.10.2021 SE(CO) GC/JC(02.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2