The commercial division listed the suit court fee application for dismissal due to non-appearance by the parties. The court dismissed the suit for default/non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 23.10.2018
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S.No.178 of 2016 and O.A.No.223 of 2016
M/s.Ind Eco Ventures Limited Having registered office at �Kothari Buildings� 4th Floor, No.114, Mahatma Gandhi Road Chennai � 600 034. Represented by its Authorised Representative Mr.K.K.Dinakar. .. Plaintiff
Vs.
1.M/s.Kothari Industrial Corporation Limited Having registered office at �Kothari Buildings�, 4th Floor No.114, Mahatma Gandhi Road Chennai � 600 034.
2.HDFC Bank Rep. By its General Manager No.40, Mahatma Gandhi Road Nungambakkam Branch Chennai � 600 034.
3.M/s.Bekay Properties Private Limited �Kothari Buildings�, 4th Floor No.114, Mahatma Gandhi Road Chennai � 600 034.
4.Gemini Iron and Steel Pvt. Ltd Prince Plaza, Shop No.12 Basement No.73m Pantheon Road, Egmore Chennai � 600 008. .. Defendants
This Civil Suit is preferred, under Order VII Rule 1 of Civil Procedure Code read with Order IV Rule 1 of O.S. Rules praying
a) For declaration declaring that any resolution passed by the 1st defendant company on the agenda No.7 of the 45th AGM notice dated 29.02.2016 which is scheduled to be held on 30.03.2016 as illegal and null and void.
b) For a permanent injunction restraining the 1st defendant from implementing any resolution passed on the agenda No.7 of the 45th AGM notice dated 29.02.2016 which is schedule to be held on
30.03.2016.
c) For a permanent injunction restraining the 1st defendant from transfer of above schedule property to 4th defendant or any other persons consequent to the resolution passed in the AGM dated 30.03.2016.
d) to pass such further or other relief as this Honourable Court may deem fit and proper in the facts and circumstances of the case.
For Plaintiff : No Appearance
For Defendants : No Appearance
******
JUDGMENT
Read this in conjunction with and in continuation of earlier proceedings of this Commercial Division dated 22.10.2018 (Yesterday), which reads as follows:
'There is no representation for both sides. To be noted, there is a sole plaintiff and there are four defendants.
List this matter under the caption 'For Dismissal' on 23.10.2018.'
23.10.2018
Speaking/Non-Speaking order
Index : Yes/No
vsm
M.SUNDAR, J.
vsm
C.S.No.178 of 2016 and O.A.No.223 of 2016
23.10.2018
M/s.Ind Eco Ventures Limited
M/s.Kothari Industrial Corporation Limited
HDFC Bank
M/s.Bekay Properties Private Limited
Gemini Iron and Steel Pvt. Ltd
M Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
