I Gen Power System Pvt. Ltd. v. a.R.Rajasekar
Case brief
What is this about?
The Hon'ble Justice set aside the Company Law Board's order dismissing the Company Applications, granting the appellants a one-week leeway to file counter affidavits before the NCLT. The order was conditional upon the appellants paying Rs. 20,000 costs to the respondent within one week. Failure to comply would result in the forum proceeding ex parte.
What did the court decide?
Impugned order of CLB dismissed. Appellants allowed to file counter affidavits before NCLT by tomorrow. Costs of Rs. 20,000 to be paid to respondent within one week.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 27.09.2016
Coram
THE HONOURABLE MR. JUSTICE RAJIV SHAKDHER
Company Appeal Nos.3 and 4 of 2015
and M.P.Nos.1 and 1 of 2015
1. I Gen Power System Private Limited,
Old No.13, New No.18 B, Mettu Street,
Link Road, Maduvakkam, Guindy,
Chennai – 600 032.
2.G.Lakshminarasiman,
E-6, 6 th Floor, Shanthi Gulmohar,
No.147-149, R.K.Mutt Roada,
R.A. Puram, Chennai – 600 028.
3.V.Bharathi,
E-6, 6 th Floor, Shanthi Gulmohar,
No.147-149, R.K.Mutt Road,
R.A. Puram, Chennai – 600 028. .. Appellants in
Comp. Appeal No.3/3015
M.B.Srinivasan, Parnter,
M/s.Sri & CO., Chartered Accountants,
“Dhanalakshmi”
Flat No. F-2, Sindur Cascade,
No.2, Krishna Street, North Usman Road,
T.Nagar, Chennai – 600 017. .. Appellant in
Comp. Appeal No.4/2015
v.
A.R.Rajasekar,
C-3, Sunrise Avenue,
First Cross Street,
Neelankarai, Chennai – 600 041. .. Respondent in
both Comp. Appeals
Company Appeals filed under Section 10(F) of the
Companies Act, 1956, to set aside the order of the Company Law
Board dated 23.02.2015 passed in C.A.Nos.1 and 2 of 2015 in
Company Petition No.29 of 2013.
For Appellants :Mr.K.Ramasamy For Respondents:Mr.P.H.Aravind Pandian, Senior Counsel for M/s.harishankar Mani
JUDGMENT
Issues for consideration
2 issues framed by the court
Whether the impugned order of the Company Law Board dismissing the applications should be set aside to allow the appellants to file counter affidavits.
Whether leeway can be granted to the appellants to file counter affidavits subject to payment of costs.
Parties & counsel
- appellant
I Gen Power System Private Limited
- appellant
G. Lakshminarasiman
- appellant
V. Bharathi
- respondent
A.R. Rajasekar
Coram
Case details
As recorded by the court registry
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