Madras High Court
M/S. Hindusthan National Glass And ... vs The Additional Commissioner on 17 April, 2025
W.P.No.3991 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2025
PRESENT:
THE HONOURABLE DR. JUSTICE A.D.MARIA CLETE
W.P.No.3991 of 2020
and
W.M.P.Nos.4731 to 4734 of 2020
M/s. Hindusthan National Glass and Industries Ltd.
Formerly M/s. ACE Glass Containers Ltd.
Duly Rep. by its General Manager K.Saravanan
Thondamanatham Village, Villianur,
Sedarapet Main Road,
Puducherry – 605 502. ...Petitioner
Vs.
1 The Additional Commissioner
for Workmen's Compensation, Labour
Department Complex II Floor Vazhudavur
Road Gandhi Nagar Puducherry 605009.
2 Tahsildar
Villianur Taluk Office Villianur
Government of Puducherry 605110.
3 Employees State Insurance Corporation,
Duly Rep. by its Regional director
178 100 Feet Road Opp. Regional
Transport Office Ozhandai Keerapalaiyam
Mudaliarpet Puducherry.
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W.P.No.3991 of 2020
4 A.Sudha Alias Anusuya
D/o.Arunagiri No.1 Kaman Koil Street G.N.
Palayam Puducherry.
5 T.Jayanthi
D/o.Thillaikannu 2nd Main Road G.N.Palayam
Arumparthapuram Puducherry.
6 M.Vennila
D/o.Manikkam No.6 Kamam Koil Street G.N.
Palayam Arumparthapuram Puducherry.
7 P.Priya
W/o.Prakash No.1 Mariamman Koil Street G.N.
Palayam Arumparthapuram Puducherry.
8 R.Sumathi (Died)
D/o.Ramasamy No.30 Pillaiayar Koil Street
G.N.Palayam Arumparthapuram Puducherry.
9 M.Valli
W/o.Murugavel No.34 Pillaiyar Koil Street
G.N.Palayam Arumparthapuram Puducherry.
10 Bavani
W/o.Srinivasan No.17 Mariamman Koil Street
G.N.Palayam Puducherry.
11 N.Jayalakshmi
W/o.Nandagopal No.28 Pudu Nagar
Pillaiayrkuppam Villianur Communue
Puducherry.
12 Kamalam (Died)
W/o.Boopathy No.7 Pudunagar
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W.P.No.3991 of 2020
Pillaiyarkuppam Puducherry.
13 Dhanalakshmi (Died)
W/o.Mahalingam No.157 Mariamman Koil
Street Pillaiyarkuppam Puducherry.
14 Kanagam
W/o.Rajaram No.170 Mariamman Koil Street
Pillaiyarkuppam Puducherry.
15 Saroja
W/o.Jaidev Biswas No.163 Mariamman Koil
Street Pillaiyarkuppam Puducherry.
16 Gnanambal
W/o.Sinnathambi No.74 Meenachiamman Koil
Street Pillaiayarkuppam Puducherry.
17 R.Kumudavallu
W/o.Ramakrishnan No.17 Meenachiamman Koil
Street Thondamanatham Puducherry.
18 J.Krishnaveni
W/o.Janakiraman No.48 Nadutheru
Pillaiyarkuppam Puducherry.
19 K.Vijaya (Died)
W/o.Kalivarathan No.30 Mariamman Koil
Street Pillaiyarkuppam Puducherry.
20 P.Kalvikarasi
W/o. Perianna No.159 Mariamman Koil Street
Pillaiyarkuppam Puducherry.
21 Porkalai
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W.P.No.3991 of 2020
W/o.Kannayan No.16 Mariamman Koil Street
Pillaiyarkuppam Puducherry.
(R4 TO R21 impleaded vide order dated 30.09.2020
MADE IN WMP.8131/2020 AND 17178 of 2020) ...Respondents
Prayer in W.P.:
To pass a writ or order or direction in the nature of writ of certiorari Calling
for the records of the Impugned Order dated 03.05.2019 issued by the 1st
Respondent and quash the same and consequently quash the order No. 3989-
II/ AIL/ G/ 2019/ 860 dated 14.08.2019 directing the Petitioner to deposit
Rs. 88 22 673/- and consequently quash the order No. 367/ TOV/ RR/ Act/
2020 dated 29.01.2020 issued by the 2nd Respondent directing the Petitioner
to pay a sum of Rs. 88 22 673/- as the same are illegaland pass such other or
further orders as this Court may deem fit and proper in the circumstances of
the case.
Prayer in WMP.No.4731 of 2020
To dispense with the production of the original impugned order dated
03.05.2019 issued by the first respondent and pass such other or further
orders as this Court may deem fit and proper in the circumstances of the
case.
Prayer in WMP.No.4732 of 2020
To stay the operation of the impugned order No. 367/ TOV/ RR/ Act/ 2020
dated 29.01.2020 issued by the 2nd Respondent directing the Petitioner to
pay a sum of Rs. 88 22 673/- pending disposal of the present Writ petition
and pass such other or further orders as this Court may deem fit and proper
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W.P.No.3991 of 2020
in the circumstances of the case.
Prayer in WMP.No.4733 of 2020
To stay the operation of the impugned order dated 03.05.2019 issued by the
first respondent pending disposal of the present Writ petition and pass such
other or further orders as this Court may deem fit and proper in the
circumstances of the case.
Prayer in WMP.No.4734 of 2020
To stay the operation of the impugned order No. 3989-II/ AIL/ G/ 2019/ 860
dated 14.08.2019 directing the Petitioner to deposit Rs. 88 22 673/- failing
which action for recovery under Pondicherry Revenue Recovery Act, 1923
would be taken pending disposal of the present Writ petition and pass such
other or further orders as this Court may deem fit and proper in the
circumstances of the case.
Appearance of Parties:
For Petitioner : Mr. D. Ferdinand.
For Respondent : Mr.Ramasamy Maiyappan, Additional
Government Pleader for R1 & R2.
Mr. D. Simon, CGSC for R3.
Mr. Sathyanarayanan for R4.
Mr. S. Deenadayalan for R5 to R9.
Ms. Ramapriya for R10 to R21.
JUDGMENT
This writ petition has been filed by the petitioner, M/s. Hindustan National Glass & Industries Ltd., to quash the impugned order dated 5/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/04/2025 08:14:33 pm ) W.P.No.3991 of 2020 03.05.2019 passed by the first respondent, the Additional Commissioner for Workmen Compensation, Puducherry, directing the petitioner company to deposit a sum of Rs. 88,22,673/- for payment to 18 workmen. The petitioner has also sought to quash the notice dated issued by the second respondent, the Tahsildar, under the provisions of the Pondicherry Revenue Recovery Act, 1970.
2. The writ petition was filed on 17.02.2020. By an interim order dated 19.02.2020 passed in W.M.P. No. 4732 of 2020, this Court directed the respondents not to take any coercive steps to recover the said amount. Pending the writ petition, Employees State Insurance Corporation impleaded as 3rd Respondent and the 18 workmen were impleaded as Respondents 4 to 21 by order dated 30.09.2020, passed in W.M.P. Nos. 8131 and 17178 of 2020.
3. When the matter came up for hearing before me, arguments were put forth by the petitioner side and on the workmen side on the merits of the case. Later, learned counsel for the first respondent Puducherry Government 6/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/04/2025 08:14:33 pm ) W.P.No.3991 of 2020 brought to the notice of this Court and orally submitted that the company had undergone liquidation and that the liquidation proceedings had also concluded and sought time to file relevant typeset. However on the petitioner's side, an additional typed set of papers was filed on 02.04.2025. From the said documents, it came to light that the petitioner company was adjudicated as insolvent on 22.10.2021 in C.P. (I.B.) No. 369/KB/2020 by the National Company Law Tribunal (NCLT), Kolkata, on a petition filed by DBS Bank Limited under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC). Pursuant to the said order, corporate insolvency resolution proceedings were initiated, and Mr. Girish Sriram Juneja was appointed as the Interim Resolution Professional and subsequently as the Resolution Professional.
4. A resolution plan submitted by AGI Greenpac Ltd. was approved by the Committee of Creditors, and the Resolution Professional filed I.A. No. 1401 of 2022 seeking approval before the NCLT, Kolkata. In the meantime, Independent Sugar Corporation Ltd., whose plan had been rejected, along with others, filed an appeal before the National Company Law Appellate 7/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/04/2025 08:14:33 pm ) W.P.No.3991 of 2020 Tribunal (NCLAT), New Delhi. By a common order dated 18.09.2023 in Company Appeal (AT)(Insolvency) No. 807 of 2023 and I.A. No. 2271 of 2023, along with connected appeals, the NCLAT permitted the Adjudicating Authority to consider I.A. No. 1401 of 2022 for approval of the resolution plan submitted by the Resolution Professional. A civil appeal filed against the said NCLAT order before the Hon’ble Supreme Court of India, was also disposed of.
5. A regrettable aspect of this case is that even though the petitioner company was adjudicated as insolvent by order dated 22.10.2021, this fact was not brought to the notice of this Court by the petitioner promptly and the proceedings were allowed to continue. As per Section 14 of the IBC, once an adjudication order is passed, a moratorium operates, prohibiting all proceedings against the company. As far as proceedings initiated by the company are concerned, Section 25(2)(b) of the IBC mandates that the Resolution Professional shall represent the company.
6. In the present case, the Resolution Professional did not appear to represent the company after the adjudication order was passed—likely due 8/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/04/2025 08:14:33 pm ) W.P.No.3991 of 2020 to the fact that he was unaware of this writ proceeding. It was the bounden duty of the erstwhile management of the company—particularly the General Manager, who had filed this writ petition—to inform the Resolution Professional.
7. When the matter was taken up today, the learned counsel for the petitioner submitted that the period of the Resolution Professional viz., Mr. Girish Sriram Juneja who was earlier appointed by the NCLT, has been extended on 17.03.2025 by the NCLT, Kolkata vide order dated 17.03.2025 in I.A.No.269/KB/2025. However, the copy of the said order has not been produced before this Court. From the above submission, it is seen that the Insolvency Resolution Proceedings are under progress.
8. Hence, once an adjudication order is passed by the NCLT, all claims against the company must be presented before the Resolution Professional and any party aggrieved by a decision of the Resolution Professional, has a right of appeal before the NCLT. In the present case, the respondents have also not approached the NCLT.
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9. In view of the above circumstances this writ petition is disposed of with the liberty to the respondents to approach the NCLT for appropriate relief, if any, available to them at this stage. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
17.04.2025 ay NCC : Yes / No Index : Yes / No Internet : Yes / No DR. A.D.MARIA CLETE, J ay To 1 The Additional Commissioner for Workmen's Compensation, Labour Department Complex II Floor Vazhudavur Road Gandhi Nagar Puducherry 605009.
2 Tahsildar Villianur Taluk Office Villianur Government of Puducherry 605110.
3 Employees State Insurance Corporation, Duly Rep. by its Regional director 178 100 Feet Road Opp. Regional 10/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/04/2025 08:14:33 pm ) W.P.No.3991 of 2020 Transport Office Ozhandai Keerapalaiyam Mudaliarpet Puducherry.
W.P.No.3991 of 2020
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