Dismissed

Mrs Shanthi Anand Kumar v. M/S Tipstech Private Limited

Madras HC7 Jul 2021CRP/2542/2018

Case brief

AI extract

What is this about?

Single judge dismissed the civil revision petition challenging the order rejecting a plaint. The court found no infirmity in the lower court's decision but granted liberty to file a fresh rejection application based on subsequent events.

What did the court decide?

Petitioner is at liberty to file a fresh application for rejection of plaint based on subsequent events.

Mrs Shanthi Anand Kumar Vs M/S Tipstech Private Limited — Specific Performance | Madras HC (2021)

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C.R.P.(PD) No.2542 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 07.07.2021

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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C.R.P.(PD) No.2542 of 2018
and C.M.P.No.15435 of 2018
Shanthi Anand Kumar ... Petitioner
Vs
1.M/s.Tipstech Private Limited,
Having its registered Office at
S.F.No.361-1A3, Karavallur Road,
MGC Palayam, Coimbatore - 641 107.
2.A.Ashok Kumar
3.S.Narayanan
4.A.Chockalingam
5.M/s.Tips Global Institute,
Company incorporated
U/s.25 of the Companies Act, 1956,
S.F.No.361-1A3, Karavallur Road,
MGC Palayam, Coimbatore - 641 107.
6.Anand Kumar ... Respondents

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https://www.mhc.tn.gov.in/judis/

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1/5

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C.R.P.(PD) No.2542 of 2018

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Prayer: Civil Revision Petition filed under Article 227 of the Constitution

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of India, against the Order dated 07.11.2017 passed in I.A.No.477 of 2017 in O.S.No.219 of 2017 on the file of First Additional District Judge,

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Coimbatore.

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For Petitioner : Mr.M.Sriram
For Respondents : Mr.K.M.D.Muhilan for R1 to R5
Ms.S.Magarani for R6
**********
O R D E R
This Civil Revision Petition is filed against the Order dated

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07.11.2017 passed in I.A.No.477 of 2017 in O.S.No.219 of 2017 on the file of First Additional District Judge, Coimbatore, thereby dismissing the petition for rejection of plaint.

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The petitioner is the first defendant and the respondents 1 to 5 are

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the plaintiffs in the said suit. The respondents 1 to 5 / plaintiffs filed the

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said suit for specific performance with an alternative prayer to direct the

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first defendant to pay a sum of Rs.2,12,85,000/- towards compensation.

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2/5

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https://www.mhc.tn.gov.in/judis/

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C.R.P.(PD) No.2542 of 2018

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The learned counsel for the petitioner would submit that the

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property itself is not available for specific performance. Though the property is not available for specific performance, respondents 1 to 5 filed the said suit for other reliefs also and an alternative relief for payment of

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compensation.

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Therefore, all the grounds raised by the petitioner have to be decided only by letting in evidence before the Court below. Therefore, this Court finds no infirmity or illegality in the orders passed by the Court below.

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However, the learned counsel for the petitioner would submit that

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the subsequent events have taken place and as such, he sought for liberty to file a fresh application for rejection of plaint.

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Considering the above request, the petitioner is at liberty to file a fresh application for rejection of plaint based on subsequent events.

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https://www.mhc.tn.gov.in/judis/

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3/5

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C.R.P.(PD) No.2542 of 2018

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Accordingly, this Civil Revision Petition is dismissed.

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Consequently, the connected miscellaneous petition is dismissed. No order

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as to costs.

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07.07.2021
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
rna
To
The First Additional District Judge,
Coimbatore.

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https://www.mhc.tn.gov.in/judis/

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4/5

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C.R.P.(PD) No.2542 of 2018

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G.K.ILANTHIRAIYAN. J,

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rna

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C.R.P.(PD) No.2542 of 2018
and C.M.P.No.15435 of 2018
07.07.2021

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https://www.mhc.tn.gov.in/judis/

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5/5

Mrs Shanthi Anand Kumar v. M/S Tipstech Private Limited

Case brief

What is this about?

What did the court decide?

Mrs Shanthi Anand Kumar v. M/S Tipstech Private Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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