Madras High Court
M/S.S.M.I.L.E.Microfinance Ltd vs M/S.Fathi Software (Pvt.) Ltd on 12 October, 2022
Author: B.Pugalendhi
Bench: B.Pugalendhi
CRP(PD)(MD)No.1625 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
CRP(PD)(MD)No.1625 of 2022
M/s.S.M.I.L.E.MicroFinance Ltd.,
Rep. by its Authorized Signatory,
having Office at No.14/25,
Chakrapani Street,
West Mambalam,
Chennai – 33. ... Petitioner
versus
1. M/s.Fathi Software (Pvt.) Ltd.,
Formerly M/s.Trinity Signal
Technology Pvt. Ltd.,
Rep. by its Managing Director,
Dr.S.Brathiba,
Plot No.434, Mosque Street,
Anna Nagar, Madurai – 20.
2. M/s.Craft Silicon Pvt. Ltd.,
Rep. by its Chief Executive Officer,
Kamal Budhabhatti,
1st Floor, 687, Vajra
15th Road, Outer Ring Road,
2nd Phase, J.P.Nagar, Bengaluru,
Karnataka.
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CRP(PD)(MD)No.1625 of 2022
3. Mahasemam Trust,
Rep. by its Trustee,
C-5, VIP Apartments, Lake Area,
Uthangudi Post,
Madurai – 17. ... Respondents
Civil Revision Petition filed under Article 227 of the Constitution
of India, seeking a direction to the learned V Additional District Judge,
Madurai, to adjudicate the memo dated 07.02.2022 filed on behalf of
the petitioner Company/1st defendant in O.S.No.7 of 2016 and pass
appropriate orders in accordance with law.
For Petitioner : Mr.K.K.Ramakrishnan
for M/s.A.Karthikeyan Anbazhahan
For R1 : Mr.T.Lajapathi Roy
For R2 and R3 : No appearance
ORDER
This Civil Revision Petition is filed seeking a direction for speedy disposal of the memo dated 07.02.2022 filed on behalf of the petitioner Company in O.S.No.7 of 2016.
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2. The petitioner Company is the first defendant in O.S.No.7 of 2016. The said suit was filed by the first respondent/plaintiff seeking a direction to the petitioner Company/first defendant to render a true and proper accounts for the usage of the software program of the plaintiff in various branches of the first defendant from 05.04.2007 till date and pay the legitimate amount that may be found due to the plaintiff together with a reasonable interest that may be fixed by the Court.
3. According to the petitioner Company/first defendant, the plaintiff is a Company specialized in creating software programmes. However, the plaintiff Company has been struck off from the Registrar of Companies as early as on 29.06.2017 and its certificate of incorporation has been cancelled. Further, a notice of striking off and dissolution dated 05.07.2017 has been issued under Section 248(5) of the Companies Act, 2013 and the plaintiff Company ceased to exist almost four years back. It is trite law that a Company gets a right to sue or be sued only when it is incorporated. Since the plaintiff 3/6 https://www.mhc.tn.gov.in/judis CRP(PD)(MD)No.1625 of 2022 Company has been struck off from the Registrar of Companies, it has no right to sue against the petitioner Company/first defendant. Therefore, the petitioner Company/first defendant filed a memo dated 07.02.2022 seeking to dismiss the suit filed by the plaintiff Company.
4. The trial Court has entertained the said memo dated 07.02.2022 and ordered notice to the respondents. It appears that the respondents have also filed their counter affidavit on 08.04.2022.
5. Now, it is the grievance of the petitioner Company that the said memo dated 07.02.2022 is still kept pending without any adjudication. Therefore, the present Civil Revision petition has been filed seeking a direction for speedy disposal of the said memo dated 07.02.2022.
6. Considering the limited prayer sought for in the Civil Revision Petition, the Civil Revision Petition is disposed of with a 4/6 https://www.mhc.tn.gov.in/judis CRP(PD)(MD)No.1625 of 2022 direction to the trial Court, namely, the learned V Additional District Judge, Madurai, to dispose of the memo dated 07.02.2022 filed by the petitioner Company, on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order. No costs.
12.10.2022 ogy Index : Yes / No. Internet: Yes / No. To
1. The learned V Additional District Judge, Madurai.
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