Concast Steel & Power Ltd vs Micro And Small Enterprises ...
2021 Latest Caselaw 13006 Mad

                                                                      W.A.No.171/2016

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 02.07.2021

                                                       CORAM

                                       THE HONOURABLE MR.JUSTICE T.RAJA
                                                    and
                                   THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                                     W.A.No.171/2016 and CMP.No.2375/2016

                     Concast Steel & Power Ltd.
                     Rep. by Manager (Legal) A.N.Bhattacharya
                     21, Hemanta Basu Sarani,
                     Centre Point,
                     Suite No.511 & 512,
                     5th Floor,
                     Kolkata-700 001.                                       ... Appellant

                                                      -vs-
                     1. Micro and Small Enterprises Facilitation Council,
                        Guindy, Chennai-600 032.

                     2. Samay Project Services Pvt. Ltd.,
                        1218, 17th Street,
                        West End Colony,
                        Mogappair, Chennai-600 050.                          ... Respondents

                     Prayer:        Writ Appeal filed under Clause 15 of the Letters Patent

                     against the order dated 14.12.2015 made in W.P.No.34006/2014 by a

                     learned Single Judge of this Court.


                                          For Appellant    : Mr.S.R.Raghunathan
                                               nd
                                          For 2 Respondent : Mr.Roshan Balasubramanian




                                                    JUDGMENT

https://www.mhc.tn.gov.in/judis/ W.A.No.171/2016

(Judgment of the Court was pronounced by T.RAJA, J.)

This Writ Appeal has been directed against the order dated

14.12.2015 made in W.P.No.34006/2014 by a learned Single Judge of

this Court.

2. Learned Counsel for the appellant submitted that during

the pendency of this Writ Appeal, when insolvency proceedings were

initiated against the appellant company by one Shreeshyam Metaliks

Private Limited before the National Company Law Tribunal, Kolkatta

Bench, Kolkatta, an order dated 07.11.2017 has been passed.

Learned Counsel for the appellant filing a Memo dated 28.06.2021

further submitted that now the National Company Law Tribunal has

ordered the appellant-company to be liquidated by its order dated

26.09.2018 and the affairs of the company have been taken over by

the Liquidator.

3. In this regard, it is useful to extract the Memo dated

28.06.2021 filed by the learned Counsel for the appellant hereunder:

''MEMO FILED ON BEHALF OF THE COUNSEL FOR

THE APPELLANT

The Counsel for the applicant begs to submit as

https://www.mhc.tn.gov.in/judis/ W.A.No.171/2016

follows:

1. The Counsel for the applicant submits that

insolvency proceedings were initiated against the appellant

by one, Shreeshyam Metalika Private Limited before the

Hon'ble National Company Law Tribunal, Kolkata and the

Hon'ble Tribunal vide its Order dated 07.11.2017 was

pleased to pass an order of moratorium prohibiting

continuation of proceedings against the corporate debtor.

2. Subsequently, as IRP did not receive any

viable Resolution Plan, Committee decided to liquidate the

appellant. Hence, the Hon'ble National Company Law

Tribunal ordered the appellant to be liquidated vide order

dated 26.09.2018. The affairs of the company thereon

have been taken over by the Liquidator.

3. The appellant files the present memo to bring

th e aforesaid facts to the knowledge of this Hon'ble Court.

The orders of the Hon'ble Tribunal dated 07.11.2017 and

26.09.2018 is being enclosed herewith for the kind perusal

of this Hon'ble Court.

It is therefore, in the interest of justice necessary

https://www.mhc.tn.gov.in/judis/ W.A.No.171/2016

and prayed that this Hon'ble Court may be pleased to take

this memo on record and pass such further or other orders

as this Hon'ble Court may deem fit in the facts and

circumstances of the case and thus render justice.

Dated on this the 28th day of June, 2021.''

4. Considering the facts and circumstances of the case, more

particularly, the fact that the affairs of the appellant company have

been taken over by the Liquidator, we are not able to proceed further.

Therefore, we are of the view that nothing survives for further

adjudication in this Writ Appeal, hence, recording the submission and

Memo of the learned Counsel for the appellant dated 28.06.2021, the

Writ Appeal is dismissed as infructuous. No costs. Consequently,

connected Miscellaneous Petition is closed.

                                                                      (T.R.J.,)          (V.S.G.J.,)

                                                                            02.07.2021
                     tsi

https://www.mhc.tn.gov.in/judis/ W.A.No.171/2016

To

Micro and Small Enterprises Facilitation Council, Guindy, Chennai-600 032.

https://www.mhc.tn.gov.in/judis/ W.A.No.171/2016

T.RAJA, J.

and V.SIVAGNANAM, J.

tsi

W.A.No.171/2016

02.07.2021

https://www.mhc.tn.gov.in/judis/ W.A.No.171/2016

https://www.mhc.tn.gov.in/judis/