The Tamil Nadu Boiler And Boilers Components Manufactures Association v. The Deputy Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2023

CORAM

THE HON'BLE MR JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD).No.17204 of 2023 The Tamil Nadu Boiler and Boilers Components Manufacturers Association, Regd.No.264/2000, Represented by its Treasurer Rajappa Rajkumar. .. Petitioner Vs.

1.The Deputy Director, Ministry of Finance, Government of India, Department of Financial Services, 3rd Floor, Jeevan Deep Building, Parliament Street, New Delhi.

2.The Secretary, Ministry of Micro, Small and Medium Enterprises, Government of India, Udyog Bhawan, Rafi Marg, New Delhi - 110 011.

3.The District Collector, Trichy District, Trichy.

4.The General Manager (Recovery), Indian Bank No.254-260, Avvai Shanmugam Salai, Royapettah, Chennai - 600 014.

5.The General Manager, Circle Office, Canara Bank, No.563, Anna Salai, Teynampet, Chennai - 600 018.

6.The General Manager, Circle Office, Canara Bank, St.Mary Campus, East Veli Street, Madurai - 625 001.

7.The Assistant General Manager, State Bank of India, Stressed Assets Recovery Branch, No.8, Dr.Ambedkar Road, Vinayaga Nagar Branch Upstairs, Madurai - 625 020.

8.The Authorized Officer, Union Bank of India, No.16, Williams Road, Near Cantonment, Trichy - 620 001.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents 1 and 2 to formulate a revival and rehabilitation scheme for the 29 units referred in the affidavit

within the time stipulated by this Court and consequently direct the Respondents 4 to 8 not to initiate any legal proceedings under SARFAESI Act against 29 units of the petitioner's Manufactures Association till the revival and rehabilitation scheme formulation. For Petitioner : Mr.R.Sreenivasan For R-1 and R-2 : Mr.G.Govindarajan Deputy Solicitor General of India For R-3 : Mr.T.Amjad Khan Government Advocate For R-5 and R-6 : Mr.C.Deepak

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) The very same writ petitioner, namely, the Tamil Nadu Boiler and Boilers components Manufactures Association, earlier filed a Writ Petition in W.P.No.27736 of 2022 seeking a similar relief. The Hon'ble Division Bench of the Principal Seat of this Court rejected the relief by passing an order dated 02.08.2023. By suppressing the fact regarding the filing of the earlier Writ Petition, the present Writ Petition was filed on 23.08.2023 seeking the same relief. When we have proposed to impose cost, the learned counsel for the petitioner made a submission that the petitioner may

be permitted to withdraw this Writ Petition. Accordingly, the Writ Petition stands dismissed as withdrawn. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed. (S.M.S.,J.) (V.L.N.,J.) 04.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Deputy Director, Ministry of Finance, Government of India, Department of Financial Services, 3rd Floor, Jeevan Deep Building, Parliament Street, New Delhi.

2.The Secretary, Ministry of Micro, Small and Medium Enterprises, Government of India, Udyog Bhawan, Rafi Marg, New Delhi - 110 011.

3.The District Collector, Trichy District, Trichy.

4.The General Manager (Recovery), Indian Bank No.254-260, Avvai Shanmugam Salai, Royapettah, Chennai - 600 014.

5.The General Manager, Circle Office, Canara Bank, No.563, Anna Salai, Teynampet, Chennai - 600 018.

6.The General Manager, Circle Office, Canara Bank, St.Mary Campus, East Veli Street, Madurai - 625 001.

7.The Assistant General Manager, State Bank of India, Stressed Assets Recovery Branch, No.8, Dr.Ambedkar Road, Vinayaga Nagar Branch Upstairs, Madurai - 625 020.

8.The Authorized Officer, Union Bank of India, No.16, Williams Road, Near Cantonment, Trichy - 620 001.

S.M.SUBRAMANIAM,J.

and V.LAKSHMINARAYANAN,J.

Lm 04.10.2023