AI Structured Summary
Not yet generated for this judgment
Judgment
This writ petition has been filed under Article 226 of the Constitution of India for quashing the order dated 06.07.2010 passed by the Executive Engineer purportedly in compliance of the order dated 24.05.2010 passed in W.P.(C) No.1857 of 2010, whereby, this Court has directed the petitioner to file a representation before respondent no.5, who in turn was to take a decision by passing the reasoned order in relation to the dispute/controversy involved therein, but the representation of the petitioner has been disposed of on the ground of limitation.
Mr. Nitin Kumar Pasari, learned counsel submits that now the company has gone for winding up before the National Company Law Tribunal, Kolkata and Resolution Professional has been appointed. He further submits that in the last week, he has taken adjournment to take instruction and file a fresh Vakalatnama. He next submits that he has contacted the representative of the company, however, they have not come forward and in view of that, he submits that appropriate order may kindly be passed.
Learned counsel appearing for the respondent-State submits that since Resolution Professional has already been appointed, the matter can be resolved before the Resolution Professional. She further submits that once the plan is approved, the matter can proceed accordingly.
In view of the above and considering that in spite of the efforts taken by Mr. Nitin Kumar Pasari, learned counsel the company has not come forward to give him further instruction, which prima facie suggests that the petitioner has lost interest in the matter and, as such, this writ petition is, hereby, dismissed.