Madras High Court
Manmohan Singh Jain vs The Adjudicating Authority on 24 November, 2021
Author: M.N.Bhandari
Bench: Munishwar Nath Bhandari, P.D.Audikesavalu
W.P.No.24348 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.11.2021
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI,
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.24348 of 2021
Manmohan Singh Jain .. Petitioner
Vs
1.The Adjudicating Authority,
National Company Law Tribunal,
Corporate Bhawan II Floor,
Beach Road, Mannadi,
George Town, Chennai – 600 001.
2.The Authorised Officer,
State Bank of India,
Stressed Assets Recovery Branch,
Red Cross Buildings,
II Floor, No.32, Montieth Road,
Chennai – 600 008. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
praying for a writ of mandamus to direct the first respondent that the
“terminus a quo” is 27.04.2021 based on the date of admission
(moratorium) and limitation is to be computed backwards from that
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W.P.No.24348 of 2021
date as mandated by Section 60(6) of IBC 2016 for the purpose of
determination of the prescribed period of limitation by the Adjudicating
Authority subject to the appeal already filed and pending before the
NCLAT.
For the Petitioner : Mr.B.Gurumurthy
For the Respondents : Mr.Vipin
for respondent No.2
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) Learned counsel for the petitioner prays for withdrawal of the writ petition with liberty to pursue other legal remedies as per law.
2. In view of the above, the writ petition is dismissed as withdrawn with liberty as prayed for. There will be no order as to costs. Consequently, W.M.P.No.25659 of 2021 is closed.
(M.N.B., ACJ.) (P.D.A., J.) 24.11.2021 Index : No sasi ___________ Page 2 of 4 https://www.mhc.tn.gov.in/judis W.P.No.24348 of 2021 To:
1.The Adjudicating Authority, National Company Law Tribunal, Corporate Bhawan II Floor, Beach Road, Mannadi, George Town, Chennai – 600 001.
2.The Authorised Officer, State Bank of India, Stressed Assets Recovery Branch, Red Cross Buildings, II Floor, No.32, Montieth Road, Chennai – 600 008.
___________ Page 3 of 4 https://www.mhc.tn.gov.in/judis W.P.No.24348 of 2021 M.N.BHANDARI, ACJ AND P.D.AUDIKESAVALU,J.
W.P.No.24348 of 202124.11.2021 ___________ Page 4 of 4 https://www.mhc.tn.gov.in/judis