Money suit from 2013 against defendant companies since declared in liquidation by the NCLT. The plaintiff repeatedly sought adjournments without restoring its dismissed NCLT application, so the court inferred disinterest and dismissed the suit for non-prosecution, directing the plaintiff to approach the NCLT.
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.
C.S.No.489 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.02.2024
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.S.No.489 of 2013
M/s.Raj Petro Specialities Pvt. Ltd., Rep. By its Chairman & Managing Director Mr.B.J.Nanavati, No.2A-D, Doshi Towers, Kilpauk, Chennai – 10. .. Plaintiff
/versus/
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C.S.No.489 of 2013
Prayer: Civil Suit has been filed under Order VII, Rule 1 of the Code of Civil Procedure, 1908 and Order IV Rule 1 of the Original Side Rules, praying;
(a) to pay to the plaintiff a sum of Rs.96,87,288/- with further interest at 21.5% per annum on the principal amount of Rs.87,77,325/from the date of the plaint till the date of payment;
(b) to issue to the plaintiff the pending 'C' forms for sales tax concession amounting to Rs.19,37,557/- or to pay the amount due thereon to the plaintiff; and
c)for costs of the suit.
For Plaintiff : Ms.V.S.Sowmya
For Defendants : No Appearance
J U D G M E N T
Today, the matter is listed under the caption “for dismissal”. On
the last hearing date, i.e., on 05.02.2024, it was recorded by this Court that the learned counsel for the plaintiff has been repeatedly seeking adjournments in this matter. Admittedly, all the defendants have gone into liquidation. Earlier, it was informed that the plaintiff had filed an application before the National Company Law Tribunal (NCLT) in M.A.No.52 of 2020, which was dismissed for default. It was also
represented that the plaintiff has taken steps to file an application to 2/4
C.S.No.489 of 2013
restore M.A.No.52 of 2020 on the file of the NCLT. On 09.01.2024, the learned counsel for the plaintiff sought for an adjournment on the ground that a liquidator has been appointed for the defendant companies by the NCLT and therefore, steps will have to be taken by the plaintiff. Once again, on 09.01.2024, at the request of the learned counsel for the plaintiff, the matter was adjourned by this Court to 19.02.2024. However, even today, the learned counsel for the plaintiff is making the same representation as was made earlier.
19.02.2024
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C.S.No.489 of 2013
ABDUL QUDDHOSE, J.
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C.S.No.489 of 2013
19.02.2024
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1 provisions across 1 enactments
M/s.Raj Petro Specialities Pvt. Ltd.
M/s.Victory Electricals Ltd.
M/s.Victoruy Electrical Ltd.
M/s.Victory Transformers & Switchgears Ltd. (Ranga Reddy)
M/s.Victory Transformers & Switchgears Ltd. (Hyderabad)
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
