2018 (10) TMI 2032 - HC - Companies Law

Seeking to treat this writ petition as a representation - HELD THAT - The competent respondents, including respondent No.3, are directed to treat this writ petition as representation and decide the claim of this petitioner in accordance with law, and also keeping in mind the decision upon which the petitioner is relying upon - This representation shall be decided as early as possible and practicable, preferably within a period of four weeks from the date of receipt of the copy of this order. The writ petition is disposed off.

Summary

Issues Involved:
Petitioner's request for direction to treat writ petition as representation and decide the claim in accordance with law.

Analysis:
The judgment delivered by the High Court addressed the issue raised by the petitioner through their counsel. The counsel argued that directing the competent authority of the respondents-State, including respondent No.3, to treat the writ petition as a representation and decide it in accordance with the law would be sufficient for the disposal of the case. The counsel highlighted similar orders passed by the Hon'ble Madras High Court, which were relied upon. The High Court, considering this limited submission, directed the competent respondents, including respondent No.3, to treat the writ petition as a representation and decide the petitioner's claim in accordance with the law and the decisions cited by the petitioner. The court emphasized the need for a prompt decision, setting a timeline of four weeks for the decision to be made from the date of receipt of the order. Additionally, the judgment reserved the petitioner's liberty to challenge any adverse decision in accordance with the law before the appropriate forum. Finally, the High Court disposed of the Writ Petition with the mentioned observations, and consequently, the related application was also disposed of.

This judgment showcases the court's approach to addressing the petitioner's request for a direction regarding their writ petition. The court recognized the importance of treating the petition as a representation and ensuring a decision in compliance with the law. By referencing similar orders from another High Court, the counsel effectively supported the petitioner's case. The High Court's directive to the respondents to consider the writ petition as a representation and decide accordingly demonstrates a fair and just approach to resolving the matter. Setting a timeline for the decision reflects the court's commitment to prompt resolution. Moreover, by reserving the petitioner's liberty to challenge any unfavorable decision, the judgment upholds the principles of fairness and access to justice. Overall, the judgment reflects a balanced and procedural approach to addressing the issues raised by the petitioner.