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M/s.Prabhat Resources Ltd v. The Adjudicating Authority
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 19.09.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P.No.26950 of 2018
and WMP.Nos.31318 and 31320 o 2018
M/s.Prabhat Resources Ltd., represented by its Managing Director Mr.Hittesh Patel
... Petitioner
Vs
1. The Adjudicating Authority, Under the Prohibition of Benami Property Transactions Act, 1988,
Room No.26, 4thFloor,
Jeevan Deep Building, Parliament Street, New Delhi.
2. Deputy commissioner of Income Tax (Benami Prohibition) Room No.104 1stFloor Income Tax, Investigation Wing building 108 M.G.Road Nungambakkam Chennai 600034
3 Deputy Commissioner of Income Tax corporate circle-1(1) Aayakar Building 108 M.G.Road Nungambakkam Chennai - 600034
1
4 Deputy Director of Income Tax Investigation -1(1) Income tax investigation wing building 108 M.G.Road Nungambakkam Chennai 600034
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records on the file of the 1st Respondent in Ref. No.R-116/2017 and quash the impugned order dated 29.8.2018 passed u/s 26(3) of the prohibition of Benami property Transactions Act 1988 as illegal arbitrary and without jurisdiction.
For Petitioner : Mr.Veerabathran Prasanth
For Respondents : Mrs.M.Sheela
Senior Standing Counsel
O R D E R
Read this order in conjunction with order dated 22.08.2022 that reads as follows:
Learned counsel for the petitioner submits that the petitioner is undergoing the process of liquidation before the National Company Law Tribunal and seeks some time to obtain instructions and apprise the Court in regard to the status of the same.
2.List on 19.09.2022.
2. An e-mail dated 19.09.2022 sent by Mr.Ramachandran Subramanian, who is appointed as Liquidator, is placed on file to the effect that the Official
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Liquidator proposes to pursue the claim before the National Company Law Board and hence wishes to withdraw this Writ Petition. Upon written instructions, learned counsel for the petitioner makes an endorsement withdrawing this Writ Petition.
3. In light of the endorsement made, this Writ Petition is dismissed as withdrawn. No costs. Connected Miscellaneous Petitions are closed.
19.09.2022
Sl Index : Yes / No Speaking Order / Non Speaking Order To
1. The Adjudicating Authority, Under the Prohibition of Benami Property Transactions Act, 1988,
Room No.26, 4thFloor,
Jeevan Deep Building, Parliament Street, New Delhi.
2. Deputy commissioner of Income Tax (Benami Prohibition) Room No.104 1stFloor Income Tax, Investigation Wing building 108 M.G.Road Nungambakkam Chennai 600034
3 Deputy Commissioner of Income Tax corporate circle-1(1) Aayakar Building 108 M.G.Road Nungambakkam Chennai - 600034
3
DR.ANITA SUMANTH, J.
Sl
4 Deputy Director of Income Tax Investigation -1(1) Income tax investigation wing building 108 M.G.Road Nungambakkam Chennai 600034
W.P.No.26950 of 2018 and WMP.Nos.31318 and 31320 o 2018
19.09.2022
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