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[Cites 2, Cited by 1]

Madras High Court

M/S. Sujana Towers Limited vs The Assistant Commissioner (Ct) on 3 March, 2021

Author: C.Saravanan

Bench: C.Saravanan

                                                                   W.P.Nos.1577 & 4263 of 2015


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 03.03.2021

                                                     CORAM

                                     THE HON'BLE MR.JUSTICE C.SARAVANAN

                                            W.P.Nos.1577 & 4263 of 2015
                                                       and
                                              M.P.Nos.2 & 2 of 2015

                                            (Through Video Conferencing)

                     M/s. Sujana Towers Limited,
                     Rep. by its Manager – S.Kannan,
                     Plot No.MF-7, 2nd Floor,
                     CIPET Hostel Road, TVK Industrial Estate,
                     Ekkattuthangal,
                     Chennai 600 097.                                 ... Petitioner
                                                                          in W.P.No.1577/15

                     M/s. Sujana Metal Products Ltd.,
                     Rep. by its Manager – G.Jayan,
                     MF-7, CIPET Hostel Road, 2nd Floor,
                     TVK Industrial Estate, Ekkatuthangal,
                     Guindy, Chennai 600 032.                         ... Petitioner
                                                                          in W.P.No.4263/15

                                                        Vs.

                     The Assistant Commissioner (CT),
                     Guindy Assessment Circle,
                     Greenways Road,
                     Chennai – 600 028.                               ... Respondent
                                                                          in W.P.No.1577/15


                     ____________
https://www.mhc.tn.gov.in/judis/
                     Page No 1 of 4
                                                                     W.P.Nos.1577 & 4263 of 2015


                     The Assistant Commissioner (CT) (FAC),
                     Egmore Assessment Circle,
                     Chennai 600 031.                                    ... Respondent
                                                                             in W.P.No.4263/15


                     Prayer in W.P.No.1577 of 2015:- Writ Petition filed under Article 226 of
                     the Constitution of India, to issue a Writ of Certiorarifi, calling for the
                     records of the respondent in impugned proceedings in TIN:
                     33230542001/ 2013-14 dated 22.12.2014 quash the same in so far as it
                     seeks to reverse ITC being illegal and contrary to the provisions of
                     Section 19(10)(a) of TNVAT Act, 2006 and Rule 10(2) of TNVAT
                     Rules, 2007.


                     Prayer in W.P.No.4263 of 2015:- Writ Petition filed under Article 226 of
                     the Constitution of India, to issue a Writ of Certiorarifi, calling for the
                     records on the file of the respondent in TIN/33841502596/2011-12 and
                     TIN/33841502596/2010-11 dated 30.12.2014 quash the same as being
                     contrary to law.



                                    For Petitioner   : Mr.S.Rajasekar
                                                       in both W.Ps.

                                    For Respondent   : Mr.G.Dhanamadhiri
                                                       Gov. Adv. in both W.Ps.

                                                       *****




                     ____________
https://www.mhc.tn.gov.in/judis/
                     Page No 2 of 4
                                                                       W.P.Nos.1577 & 4263 of 2015

                                              COMMON ORDER

When these cases are taken up for hearing, the learned counsel for the petitioner submits that resolution professional has been appointed and the resolution professional is in charge of the petitioner. However, the resolution professional is not present before this Court.

2. He further submits that the committee of creditors has given a proposal to take over the petitioner company. However, the said proposal is under active consideration.

3. Under these circumstances, these Writ Petitions are closed for the present with liberty to restore the same subject to the outcome of the proceedings before the NCLT. In case the petitioner company is ordered to be revived by NCLT, the petitioner may approach with appropriate application for restoration of this Writ Petition on the file of this Court.

No cost. Consequently, connected Miscellaneous Petitions are closed.

03.03.2021 Internet : Yes/No jen ____________ https://www.mhc.tn.gov.in/judis/ Page No 3 of 4 W.P.Nos.1577 & 4263 of 2015 C.SARAVANAN, J.

jen To

1.The Assistant Commissioner (CT), Guindy Assessment Circle, Greenways Road, Chennai – 600 028.

2.The Assistant Commissioner (CT) (FAC), Egmore Assessment Circle, Chennai 600 031.

W.P.Nos.1577 & 4263 of 2015 and M.P.Nos.2 & 2 of 2015 03.03.2021 ____________ https://www.mhc.tn.gov.in/judis/ Page No 4 of 4