Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 3, Cited by 0]

Madras High Court

Oren Hydro Carbons Pvt vs National Company Law Tribunal on 12 February, 2025

Author: Anita Sumanth

Bench: Anita Sumanth

    2025:MHC:818


                                                                                        W.P.No.4261 of 2025

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 12.02.2025

                                                        CORAM :

                                  THE HONOURABLE DR.JUSTICE ANITA SUMANTH
                                                    and
                                  THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

                                               W.P.No.4261 of 2025

                     Oren Hydro carbons Pvt., Ltd., Factory
                       -Contract Workers Employees Union,
                     Rep by its President,
                     Reg NO.124/DCL/Tirupathi,
                     DVR Kandriga Nagaraja Kuppam,
                     Nagari, Chittor District,
                     Andrapradesh, PIN 517 590                                         .. Appellant
                                                        vs
                     1.National company law Tribunal,
                       Division Bench (Court-1), Chennai.

                     2.The Management,
                       Oren Hydro Carbons Pvt. Ltd.
                       Nagari, Chittoor District,
                       Andrapredesh.

                     3.Shri.Radakrishanan Dharmarajan,
                       Interim Resolution Professional (IRP),
                       RDH& Co Chartered Accountants,
                       No.31, Third Floor, Krishna,
                       1st Avenue, 100 Feet road,
                       Ashok Nagar, Chennai 600 083.                                   .. Respondents

                     Prayer: PETITION filed under Article 226 of the Constitution of India
                     praying for the issuance of Writ of Mandamus, directing the 1 st and 3rd
                     respondent herein to consider the petitioner's claim application dated
https://www.mhc.tn.gov.in/judis              ( Uploaded on: 27/03/2025 07:20:10 pm )



                     1/4
                                                                                      W.P.No.4261 of 2025

               09.06.2023 and settle the petitioner union members/ workers unpaid
               wage and statutory dues in terms of section 529A of the Indian
               Companies Act and section 53 of the Insolvency and Bankruptcy Code,
               2016, within a stipulated time.

                              For Petitioner          :        Mr.P.R.Thiruneelakandan

                                               ORDER

(Order of the Court was made by Dr.ANITA SUMANTH.,J) The prayer in the present writ petition is for a mandamus directing the 1st and 3rd respondents being the National Company Law Tribunal Division Bench (Court-1), Chennai and the Interim Resolution Professional (IRP) to dispose the petitioner's claim application dated 09.06.2023.

2.We see no justification for the present writ petition as the petitioner has made no case to persuade us that its claim will not be disposed in accordance with law and priority as set out under the Insolvency and Bankruptcy Code, 2016, at the appropriate juncture.

3.Hence, this writ petition is dismissed in limine.

                                                                            [A.S.M., J]     [C.K., J]
                                                                                  12.02.2025
                    Index:No
                    Speaking order
                    Neutral Citation:Yes
                    vs
https://www.mhc.tn.gov.in/judis            ( Uploaded on: 27/03/2025 07:20:10 pm )



               2/4
                                                                                     W.P.No.4261 of 2025




                     To

National Company Law Tribunal, Division Bench (Court-1), Chennai.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/03/2025 07:20:10 pm ) 3/4 W.P.No.4261 of 2025 DR. ANITA SUMANTH,J.

and C.KUMARAPPAN,J.

vs W.P.No.4261 of 2025 12.02.2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/03/2025 07:20:10 pm ) 4/4