IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.19190 OF 2016 (GM - RES) BETWEEN:
M/S. ANNAM STEELS PRIVATE LIMITED, A PRIVATE LIMITED COMPANY, REGISTERED UNDER THE COMPANIES ACT, HAVING IT’S REGISTERED OFFICE AT:
#3/3, II LANE, TH ROAD, WASHERMENPET, CHENNAI, TAMILNADU – 600 021.
AND ITS PRESENT CORPORATE OFFICE AT:
#11/40E, FASHION TOWER, CHEROOTTY ROAD, KOZHIKODE, KERALA – 673 001.
REPRESENTED BY IT’S AUTHORIZED SIGNATORY AND MANAGING DIRECTOR, MR.FIROZ E T., S/O MR.E.T.MOHAMMED BASHEER, AGED ABOUT 46 YEARS. …PETITIONER (BY SRI. V.RENJITH SHANKER, ADV., (ABSENT)) AND:
1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF STEEL, SOUTH BLOCK, NEW DELHI – 110 011.
2. M/S. KIOCL LIMITED, (FORMERLY M/S. KUDREMUKH IRON ORE COMPANY LIMITED), A GOVERNMENT OF INDIA ENTERPRISE, REPRESENTED BY ITS CHAIRMAN CUM MANAGING DIRECTOR, HAVING IT’S REGISTERED OFFICE AT II BLOCK, KORAMANGALA, BANGALORE – 560 034, KARNATAKA.
3. M/S. PUNJAB NATIONAL BANK, BANK ROAD BRANCH, REPRESENTED BY ITS MANAGER, P.B.NO.132, 5 2521, EROTH CENTRE, BANK ROAD, KOZHIKODE, KERALA – 673 001.
4. M/S. CANARA BANK, CHEROOTY ROAD BRANCH, REPRESENTED BY ITS MANAGER, KOZHIKODE, KERALA STATE – 673 001. ...RESPONDENTS (BY SRI. RAJASHEKAR S., LEARNED CGC FOR R1; SRI.Y.K.NARAYANA SHARMA, ADV., FOR R2 (ABSENT) SRI.T.P.MUTHANNA, ADV., FOR R3 & R4 (ABSENT)) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED LETTER AT ANNEXURE – A-01 DATED 26.03.2016 ISSUED BY R-2 AND ITS IMPLEMENTATION AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for the Petitioner.
Sri.S.Rajashekar, learned CGC for Respondent No.1.
Sri.Y.K.Narayana Sharma, learned counsel for Respondent No.2.
In this writ petition, petitioner, inter alia, has prayed the following reliefs:-
“ (i) Issue a Writ/Order/Direction, quashing the impugned letter produced at Annexure A01 bearing reference No.KIOCL/MTLS/KM & BE/F-33/2016/401 dated 26th March, 2016 issued by the Respondent # 02 and its implementation;
(ii) Issue a Writ/Order/Direction, quashing the impugned letter produced at Annexure A-02 bearing reference # K/GM/2016/172 dated 02nd March, 2016, issued by the Respondent # 02 and its implementation;
(iii) Issue a Writ/Order/Direction to the Respondent # 02 and it’s officers, to permit the petitioner to take and remove Kudremukh Mining and Beneficiation Equipment from the premises of the Respondent # 02, the terms and conditions of the Contract entered into between the parties, produced at Annexure-B on 12/Oct/2012;
(iv) Pass any other Writ/Order/Direction as this most Hon’ble Court may deem fit to grant, in the circumstances of the case, in the interest of justice and equity”.
2. When the matter is taken up today, learned counsel for the 2nd Respondent submits that the contract in question was for a period of two years and the said period of two years expired on 28.04.2016 and therefore, nothing survives for adjudication in this writ petition.
3. The aforesaid submission is taken on record.
4. Accordingly, the writ petition is dismissed as infructuous.
Sd/- JUDGE Srl.