Madras High Court
M/S.Shapoorji Pallonji And vs Union Of India on 7 April, 2022
Bench: Munishwar Nath Bhandari, D.Bharatha Chakravarthy
W.P.Nos.18309, 18310 & 19454 of 2020
and W.P.No.13907 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.04.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.Nos.18309, 18310 & 19454 of 2020
and W.P.No.13907 of 2021
and W.M.P.Nos.24040,24038, 22686 & 22687 of 2020
and W.M.P.No.14801 of 2021
M/s.Shapoorji Pallonji and
Company Private Limited
Rep.by its Authorised Signatory
Mr.H.Ravikumar, KG 360 Degrees
IT Business Park, 7A-1, 7th Floor
Dr.MGR Salai, Kandanchavadi
Perungudi, Chennai 600 096
Having registered office at
No.70, Nagindas Master Road
Fort, Mumbai 400 023. .. Petitioner in all W.Ps.
vs
1.Union of India
Represented by Secretary
Ministry of Corporate Affairs
'A' Wing, Shastri Bhavan
Rajendra Prasad Road
New Delhi – 110 001.
___________
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W.P.Nos.18309, 18310 & 19454 of 2020
and W.P.No.13907 of 2021
2.Registrar of Companies (Ernakulam)
Represented by Registrar of Companies
Company Law Bhawan, BMC Road
Thrikkakara, Kochi-682 001.
3.Registrar of Companies (Chennai)
Represented by Registrar of Companies
Block No.6, B Wing, 2nd Floor
Shastri Bhavan, 26, Haddows Road
Chennai 600 034.
4.HLL Life Care Limited
Represented by its authorised Signatory
HLL Bhavan, Mahilamandiram Road
Poojappura, Thiruvananthapuram
Kerala-695 012.
5.HLL Biotech Limited
Represented by its authorised Signatory
HLL Bhavan, Mahilamandiram Road
Poojappura, Thiruvananthapuram
Kerala-695 012. .. Respondents in all W.Ps.
Prayer in W.P.No.18309 of 2020 : Petition filed under Article 226
of The Constitution of India praying for Writ of Declaration declaring
that section 462 of companies Act as null void ultravires manifestly
arbitrary and violative of the basic structure of constitution and strike
down the same.
Prayer in W.P.No.18310 of 2020 : Petition filed under Article 226
of The Constitution of India praying for Writ of Certiorarified
Mandamus to call for the records of the notification passed by the 1st
Respondent bearing G.S.R.No.582(E) Dated 13.06.2017 and quash
the same as ultravires arbitrary and violative of the Constitution of
India.
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W.P.Nos.18309, 18310 & 19454 of 2020
and W.P.No.13907 of 2021
Prayer in W.P.No.19454 of 2020 : Petition filed under Article 226
of The Constitution of India praying for Writ of Certiorari to call for
the records of 4th and 5th Respondents in relation to the scheme of
arrangement between the 4th and 5th Respondents herein under
section 230 to 232 read with section 66 of the companies Act dated
25.07.2020 and quash the same.
Prayer in W.P.No.13907 of 2021 : Petition filed under Article 226
of The Constitution of India praying for Writ of Certiorari call for the
records of the Final Order /24/ 03/ 2019- CL- III dated 22.03.2021
passed by the Government of India Ministry of corporate Affairs 1st
Respondent herein which accords sanction with effect from 1.04.2019
for the Scheme of Arrangement between the 4th and 5th Respondents
herein and quash the same.
For Petitioner in all Mr.Anirudh Krishnan
W.Ps.
For Respondent No.1 in : Mr.Sankaranarayanan
all W.Ps Additional Solicitor General
of India
For Respondent Nos.4 : Mr.Prashanth Rajagopal
& 5 in all W.Ps.
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Learned counsel for the petitioner prays for withdrawal of the writ petitions with a liberty to take remedy against the order of ___________ Page 3 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.18309, 18310 & 19454 of 2020 and W.P.No.13907 of 2021 amalgamation of companies.
2. As prayed, the writ petitions are dismissed as withdrawn with a liberty to pursue the remedy available to them and the dismissal of these writ petitions would not come in the way of the petitioner seeking any other remedy.
There will be no order as to costs. Consequently, connected W.M.P.Nos.24040, 24038, 22686 and 22687 of 2020 and W.M.P.No.14801 of 2021 are also dismissed.
(M.N.B., CJ.) (D.B.C.J.) 07.04.2022 Index : Yes/No KST ___________ Page 4 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.18309, 18310 & 19454 of 2020 and W.P.No.13907 of 2021 To:
1.The Secretary to Government Ministry of Corporate Affairs 'A' Wing, Shastri Bhavan Rajendra Prasad Road New Delhi – 110 001.
2.Registrar of Companies (Ernakulam) Represented by Registrar of Companies Company Law Bhawan, BMC Road Thrikkakara, Kochi-682 001.
3.Registrar of Companies (Chennai) Represented by Registrar of Companies Block No.6, B Wing, 2nd Floor Shastri Bhavan, 26, Haddows Road Chennai 600 034.
4.The Authorised Signatory HLL Life Care Limited HLL Bhavan, Mahilamandiram Road Poojappura, Thiruvananthapuram Kerala-695 012.
5.The Authorised Signatory HLL Biotech Limited HLL Bhavan, Mahilamandiram Road Poojappura, Thiruvananthapuram Kerala-695 012.
___________ Page 5 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.18309, 18310 & 19454 of 2020 and W.P.No.13907 of 2021 M.N.BHANDARI, CJ AND D.BHARATHA CHAKRAVARTHY,J KST W.P.Nos.18309,18310 & 19454/2020 and W.P.No.13907 of 2021 07.04.2022 ___________ Page 6 of 6 https://www.mhc.tn.gov.in/judis