This judgment deals with the adverse discontinuance of a company appeal filed under Section 10F of the Companies Act, 1956. The High Court dismissed the appeal for non-prosecution due to the total absence of the appellants.
The Company Appeal was dismissed for non-prosecution. Consequently, the connected miscellaneous petition was closed.
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.
Comp. A. No.17 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.08.2023
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
Comp. A. No.17 of 2011 and
M.P. No.1 of 2011
1 S. Arunachalam
2. R. Kanaga
3. R. Prakash
4. V. Rajasekaran
5. A. Gowri ... Appellants
Vs.
1. Sugavaneswara Spinning Mills Pvt. Ltd.
2. A.V. Marimuthu
3. T. Sundaravel
4. V. Chandrasekaran
5. T. Dhanasekaran
6. T. Sivakumar
7. A. Loganathan
8. M.S. Perumal
9. M.A. Manickam 10. A. Pachaippan 11. V.M. Elangovan 12. R. Umashankar 13. U. Manojkumar
14. V.C. Geetha
15. S. Uma 16. D. Vijaya 17. D. Vinoth Kumar 18. D. Lavanya 19. Minor S. Karthic Madahavan 20. Minor S. Bharanikumar
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Comp. A. No.17 of 2011
21. P. Athayee
22. Kedarnath Misra
23. Kavitha Maurya
24. Rajkumari Maurya 25. U. Manish Kumar
26. Saraswathi Devi Misra
27. Parasnath Misra
28. S. Gowsalya Devi ... Respondents
Company Appeal filed under Section 10F of the Companies Act, 1956 to set aside the order dated 30.06.2011 passed by the Company Law Board in Company Petition No.74 of 2008.
For Appellants : No appearance For Respondents : Mr.H. Karthick JUDGMENT
The matter is listed under the caption “for dismissal”, today.
There is no representation on the side of the appellants. The learned
counsel for the 1 st respondent is present. Even on the last hearing date i.e.
on 17.07.2023, there was no representation on the side of the appellants.
The company appeal is of the year 2011. It can now be inferred that the
appellants are not interested to prosecute this Company Appeal.
Accordingly, this Company Appeal is dismissed for non prosecution.
No costs. Consequently, connected miscellaneous petition is closed.
21.08.2023
Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2
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Comp. A. No.17 of 2011
ABDUL QUDDHOSE, J. vsi2
Comp. A. No.17 of 2011
21.08.2023
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1 issue framed by the court
Whether the company appeal ought to be dismissed for non-prosecution in the absence of appearance by the appellants.
1 provisions across 1 enactments
I S. Arunachalam
2. R. Kanaga
3. R. Prakash
4. V. Rajasekaran
5. A. Gowri
Sugavaneswara Spinning Mills Pvt. Ltd.
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
