M/S Neo Corp.International LTD. vs. Joint Secretary Union Of INDIA And 02 Ors.

Held

The Court held that the Writ Petition should be dismissed. The reasoning was based on the fact that the petitioner had not appeared on multiple occasions, including the last date of hearing, and had not taken any steps to pursue the matter after the liquidation order was passed by the National Company Law Tribunal. The respondents' counsel brought to the Court's attention the liquidation of the petitioner company. Consequently, the Court found no reason to continue the proceedings and dismissed the Writ Petition. The operative direction was the dismissal of the Writ Petition.

Facts

The petitioner, M/s Neo Corp. International Ltd., filed a Writ Petition No. 3509 of 2011 before the Madhya Pradesh High Court at Indore. On December 8, 2022, no one appeared on behalf of the petitioner, and the Court vacated the interim order. Subsequently, no application was filed to recall this order. The respondents' counsel informed the Court that the petitioner company had been liquidated by an order dated August 5, 2021, passed by the National Company Law Tribunal, Mumbai Bench. Given the lack of interest in pursuing the matter after the liquidation order, the High Court proceeded to dismiss the writ petition.

Key Issues

The Court had to decide whether the Writ Petition should be dismissed. The petitioner's side did not present any arguments as no one appeared on their behalf. The respondents' side argued that the petitioner company has been liquidated by an order of the National Company Law Tribunal, Mumbai Bench, dated August 5, 2021, and that no one has shown interest in pursuing the matter since that date. The respondents contended that in light of these circumstances, the Writ Petition should be dismissed.