M/S.Sks Power Generation ... vs Canara Bank on 7 November, 2019

[Cites 2, Cited by 1]

Madras High Court

M/S.Sks Power Generation ... vs Canara Bank on 7 November, 2019

Bench: P.T.Asha

                                                   1

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                        DATED : 07.11.2019

                                               CORAM

                                THE HONOURABLE MS.JUSTICE P.T.ASHA

                                     C.R.P(MD)No.1699 of 2017
                                               and
                                     C.M.P(MD) No.9308 of 2017

               M/s.SKS Power Generation (Chattisgarh) Limited,
               Rep. by its Director,
               501-B, Elegant Business Park,
               Andheri-Kurla Road,
               J.B.Nagar, Andheri (East),
               Mumbai-400 059,
               Maharastra State.                                     ... Petitioner
                                                     Vs.
               1.Canara Bank,
                 Rep. by its Chief Manager,
                 26, Nandhi Koil Street,
                 Teppakulam, Tiruchirappalli -620 002.

               2.M/s.Cethar Limited,
                 (Formerly Known as Cethar Vessel Ltd.,).
                 No.4, Dindigul Road,
                 Tiruchirappalli-620 001.

               3.K.Subburaj,

               4.K.Pothiraj

               5.V.Nagarajan
                 Insolvency Resolution Professional,
                 in respect of Ms.Cethar Limited,
                 at 29, Kavarai Street,
                 West Mambalam, Chennai-600 033.                     ... Respondents

               (R-5 is impleaded vide Court order dated 07.11.2019
                in C.M.P(MD) No.9668 of 2019)



http://www.judis.nic.in
                                                       2

               PRAYER:- Civil Revision Petition filed under Article 227 of Constitution
               of India, to call for the records relating to the plaint in O.S.No.169 of
               2017 on the file of Hon'ble District Court, Tiruchirappalli (Mahila Court,
               Trichy) and strike off the same as the suit is barred by law.


                                     For Petitioner        : Mr.B.Saravanan

                                     For R-1               : Mr.Jayesh B.Dolia
                                                             Senior Counsel
                                                             for Mr.P.N.Satagopan

                                     For R2                : Mr.N.Sankar Ganesh

                                     For R-3 and R-4       : No appearance


                                                ORDER

The above Civil Revision Petition has been filed to call for the records relating to the plaint in O.S.No.169 of 2017 on the file of Hon'ble District Court, Tiruchirappalli (Mahila Court, Trichy) and strike off the same as the suit is barred by law.

2.The first respondent has filed a memo that they may be permitted to withdraw the suit in O.S.No.169 of 2017 on the file of the District Court, Tiruchirapalli (Mahila Court, Trichy) for the presentation before the Competent Court at Mumbai, Maharashtra, under the provision of Order VII Rule 10, 10A of the Code of Civil Procedure. http://www.judis.nic.in 3

3. The learned counsel appearing for the revision petitioner has no objection to the said memo being ordered.

4.Accordingly, the memo is taken on file and the suit in O.S.No.169 of 2017 pending on the file of the District Court, Tiruchirappalli (Mahila Court, Trichy) is permitted to be withdrawn to enable the plaintiff/first respondent to present the same before the competent Court at Mumbai, Maharashtra. The plaintiff shall take the return of the plaint from the District Court, Tiruchirappalli (Mahila Court, Trichy) within a period of seven days from the date of receipt of a copy of this order and present the plaint before the competent Court at Mumbai, Maharashtra on or before 10.12.2019. The status quo granted shall continue till the plaintiff takes return of the plaint from the District Court, Tiruchirappalli (Mahila Court, Trichy).

5.With the above directions, this Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

07.11.2019 Index:Yes/No Internet:Yes/No cp Note: Issue order copy on 12.11.2019 http://www.judis.nic.in 4 P.T.ASHA, J.

cp To The District Judge, Tiruchirappalli. (Mahila Court, Trichy) C.R.P(MD)No.1699 of 2017 and C.M.P(MD) No.9308 of 2017 07.11.2019 http://www.judis.nic.in

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