✦ High Court of India · 03 Jul 2024

High Court · 2024

Case Details High Court of India · 03 Jul 2024

Court

High Court of India

Decided

03 Jul 2024

Bench

G JAYACHANDRAN

Length

1,076 words

Acts & Sections

Companies Act 2013 Constitution of India Court finds that the winding up proceedings of this Company been initiated under old Companies Act 1956

W.P.No.14487 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 03.07.2024CORAMTHE HONOURABLE DR.JUSTICE G.JAYACHANDRANW.P.No.14487 of 2024& W.M.P.No.15755 of 2024PriyaShanthan.... Petitioner /versus/1. The Assistant General Manager,M/s.State Bank of India,SAM Branch-II, D.No.3-4-1013/A,Commuter Amenity Center (CAC),TSRTC Bus Station, Kachiguda,Hyderabad – 500 027.2. The Sr.Vice President,Canbank Factores Ltd.,Casa Blanca No.11/19, Casa Major Rd,Egmore, Chennai-600 008.3.The Manager,HDFC Bank Limited,R.K.Salai, Mylapore, Chennai – 600 008.4. The Deputy Superintendent of Police,Gummidipoondi, Thiruvallur District,Tamil Nadu – 601 201.5. The Superintendent of Police,ChinnaEkkadu, Jaya Nagar,Thiruvallur, Tamil Nadu – 602 001.6. Director General of Police – Tamil Nadu,R.K.Salai, Mylapore, Chennai – 600 004.1/8 https://www.mhc.tn.gov.in/judis W.P.No.14487 of 20247. The Director,Directorate of Vigilance and Anti Corruption(DVAC),No.293, MKN Road, Alandur, Chennai – 600 016.8. The Director – Central Vigilance Commission (CVC),SatarktaBhavan, Block – A, GPO Complex,INA, New Delhi – 110 023.9. The Serious Fraud Investigation Office – SFIO,2nd Floor Pt. DeendayalAntyodayaBhawan,CGO Complex Lodhi Road, New Delhi – 110 003.10. Serious Fraud Investigation Office – SFIO,Corporate Bhawan, Ground Floor No.29,Rajajisalai Chennai – 600 001.11. Kemin Industries South Asia Pvt Ltd.,The Trapezium 2nd floor No.39,Nelson Manickam Road, Chennai – 600 029.... Respondents 1 to 11Prayer: Writ Petition has been filed under Article 226 of Constitution of India, to issue a Writ of Mandamus to consider the representation made by the petitioner to respondents 4 to 6 on 13.05.2024 & 18.05.2024 against the respondents 1 to 3 for entwining the machineries and movables, immovables of the petitioner along with properties belonging to Pioneer Castings & Alloys Limited (in liqdn) and further direct respondents 7 to 10 to conduct investigation under Section 210 of Companies Act, 2013. For Petitioner: Mr.T.SundaravadanamFor R4 to R7: Mr.S.Udaya Kumar, Government Advocate (Crl.Side)For R1: Mr.Pranava CharanFor R11: Mr.AR.Ramanathan2/8 https://www.mhc.tn.gov.in/judis W.P.No.14487 of 2024O R D E RThe petitioner herein claims that he had supplied machineries worth Rs.8-10 crores to one Company by name Pioneer Alloys and Casting Pvt Ltd which is having its head office at Renigunta, Andhra Pradesh and a branch at Gummidipoondi, Thiruvallur District. The said Pioneer Alloys and Casting Private Limited has went into liquidation and is subject matter of C.P.No.171 of 2011 on the file of Andhra Pradesh High Court. After winding up proceedings, the Official Liquidator been appointed. The assets of the Company been taken possession by the Official Liquidator and put to auction. It appears that the 11th respondent herein is a successful bidder of plant and machinery located in the Gummidipoodi premises. 2. Making certain allegations regarding the process of liquidation and sale of the plant and machinery in Gummidipoondi premises, the petitioner herein has given a representation to the Director General of Police, Tamil Nadu, on 18.05.2024 and subsequently filed the present Writ Petition stating that the representation given to the respondents 4 to 6 on 13.05.2024 and 18.05.2024 for entwining the machineries and movable and immovables of the petitioner along with the properties of Pioneer Castings and Alloys Limited (under 3/8 https://www.mhc.tn.gov.in/judis W.P.No.14487 of 2024liquidation) to be ordered and investigation to be conducted under Section 210 of the Companies Act 2013. 3. The very maintainability of the Writ Petition is been questioned by the respondents by way of counter. The 1st respondent herein is the Bank and the 11th respondent, is the successful bidder of the machinery. They both are before this Court through their Counsels. They point out that, the winding up proceedings was initiated in the year 2011. The Andhra Pradesh High Court has ordered winding up on 09.11.2012. The Official Liquidator is now taken possession of the properties, the present petition is filed without impleading the Official Liquidator and filed in the Court which has no jurisdiction in respect of the subject matter, hence this is a malicious proceedings initiated to delay the completion of winding up process. 4. The learned Government Advocate (Crl.Side) appearing for the respondents submitted that the representation given by the petitioner herein does not fall within the jurisdiction of the respondent. The Company is in Andhra Pradesh and all the proceedings in Andhra pradesh High Court only a part of the assets laying within the jurisdiction of Tamil Nadu. After taking note of the representation same has been forwarded to Joint Director, CBI, South 4/8 https://www.mhc.tn.gov.in/judis W.P.No.14487 of 2024Zone, for him to consider whether any material made out to proceed under Section 210 of Companies Act, 2013 as prayed by the petitioner herein in his representation.5. On considering the averments in the Writ Petition, the document annexed and the submissions made by the respective Learned Counsels, this Court finds that the petitioner has came to the wrong Court. The entire dispute has to be adjudicated in the winding up proceedings pending in the Andhra Pradesh High Court and if at all the petitioner had any interest in the assets which are laying in the Gummidipoondi premises of the Company, they should have approached the Company Court at Andhra Pradesh, where the matter been pending since 2011. 6. Secondly, from the record this Court finds that the winding up proceedings of this Company been initiated under old Companies Act 1956. While so, to take cognizance of the representation under Section 210 of Companies Act 2013, the petitioner has to first establish whether he has any right to invoke Section 210 of the Companies Act 2013. This Court leave that question open for the Joint Director, CBI, before whom the representation been now pending.5/8 https://www.mhc.tn.gov.in/judis W.P.No.14487 of 20247. As far as the present Writ Petition is concerned, this Court is of the view that the Writ Petition is not maintainable and hence dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.03.07.2024Index : Yes/No.Neutral Citation: Yes/No.bsmTo:-1. The Assistant General Manager,M/s.State Bank of India,SAM Branch-II, D.No.3-4-1013/A, Commuter Amenity Center (CAC), TSRTC Bus Station, Kachiguda,Hyderabad – 500 027.2.The Manager,HDFC Bank Limited, R.K.Salai, Mylapore, Chennai – 600 008.3. The Deputy Superintendent of Police,Gummidipoondi, Thiruvallur District, Tamil Nadu – 601 201.4. The Superintendent of Police,ChinnaEkkadu, Jaya Nagar, Thiruvallur, Tamil Nadu – 602 001.5. Director General of Police – Tamil Nadu,R.K.Salai, Mylapore, Chennai – 600 004.6. The Director,Directorate of Vigilance and Anti Corruption(DVAC),No.293, MKN Road, Alandur, Chennai – 600 016.6/8 https://www.mhc.tn.gov.in/judis W.P.No.14487 of 20247. The Director – Central Vigilance Commission (CVC),SatarktaBhavan, Block – A, GPO Complex,INA, New Delhi – 110 023.8. The Serious Fraud Investigation Office – SFIO,2nd Floor Pt. DeendayalAntyodayaBhawan,CGO Complex Lodhi Road, New Delhi – 110 003.9. Serious Fraud Investigation Office – SFIO,Corporate Bhawan, Ground Floor No.29,Rajajisalai Chennai – 600 001.10.The Public Prosecutor, High Court, Madras.7/8 https://www.mhc.tn.gov.in/judis W.P.No.14487 of 2024Dr.G.JAYACHANDRAN, J.bsmW.P.No.14487 of 2024& W.M.P.No.15755 of 202403.07.20248/8

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