Supreme Court - Daily Orders
Tamil Nad Mercantile Bank Ltd vs C Kanakaraj on 27 January, 2016
Bench: Jagdish Singh Khehar, C. Nagappan
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
I.A.4 OF 2016 IN T.P.(C) NO.1381 OF 2014
TAMILNAD MERCANTILE BANK LTD .......PETITIONER
VERSUS
C KANAKARAJ AND ANR. ......RESPONDENTS
WITH
I.A.4 OF 2016 IN T.P.(C) NO.1545 OF 2014
O R D E R
I.A.No.4/2016 in T.P.(C)No.1381/2014 and I.A.No.4/16 in TP(C)1545/14 Heard learned counsel for the rival parties. The applications for impleadment are allowed as prayed for.
A controversy pertaining to the affairs of the Tamilnad Mercantile Bank Ltd. is stated to be pending in different Courts including different High Courts. Details of the pending cases, depicted in the transfer petition, are extracted hereunder:
“1. C.S.No.981 of 2004 (Tamilnad Mercantile Bank Shareholders' Welfare Association Vs. Reserve Bank of India and Ors.) - pending before the Original Side of the Madras High Court;
2. C.S.No.491 of 2007 (Nadar Mahajana Sangam and Anr. Vs. Sterling Group & Ors.) - pending Signature Not Verified before the Original Side of the Madras High Digitally signed by Renuka Sadana Date: 2016.01.28 Court;
17:14:10 IST Reason:
3. C.S.No.481 of 2008 (Tamilnad Mercantile Bank Shareholders' Welfare Association and Anr. vs. Reserve Bank of India & Ors.) - pending before 2 the Original Side of the Madras High Court;
4. O.S.No.3199 of 2008 (R.G.Sampath Kumar vs. Nadar Mahajana Sangam & Ors.) pending before the XIV Assistant City Civil Court, Chennai;
5. W.P.No.11159 of 2011 (M.Sundararaj Vs. Reserve Bank of India & Anr.) - pending before the Madras High Court;
6. W.P.No.1317 of 2013 (C.Kanakaraj Vs. Reserve Bank of India & Anr.) pending before the Bombay High Court;
7. C.S.No.379 of 2011 (Nadar Mahajana Sangam and Anr. vs. B.Ramachandra Adityan & Ors.) pending before the Original Side of the Madras High Court;
8. W.P.(C)No.3667 of 2013 (Tamilnad Mercantile Bank Shreholders' Welfare Association Vs Union of India & Ors.) pending before the Delhi High Court;
9. W.P.(MD) No.12543 of 2013 (P.S.P.K. Maragathrajaapandian Vs. Reserve Bank of India & Ors.) pending before the Madurai Bench of the Madras High Court;
10. W.P.(C)No.6809 of 2013 (Thoothukodi Nadargal Mahamai Vs. The Director, Enforcement Directorate & Ors.) - pending before the Delhi High Court;
11. W.P.No.25256 of 2013 (M.Sundararaj Vs.Reserve Bank of India & Ors.) - pending before the Madras High Court;
12. W.P.No.25257 of 2013 (M.Sundararaj Vs. Reserve Bank of India Ors.) - pending before the Madras High Court;
13. W.P.No.25258 of 2013 (M.Sundararaj Vs. Reserve Bank of India & Ors.) - pending before the Madras High Court.” Most of the pending cases are before the Principal Bench of the Madras High Court at Chennai. Three of the cases are in another Courts; one in the Bombay High Court and two in the Delhi High Court. We are also informed that the Tamilnad Mercantile Bank 3 Limited has its registered office at Tuticorin, in the State of Tamil Nadu. In the above view of the matter, we are of the considered view, that all the matters should be consolidated and heard by a Division Bench of the Madras High Court at Chennai. Ordered accordingly.
We are also informed that an Annual General Meeting has already been convened, in furtherance of the directions issued by the Madras High Court and the e-voting thereon commenced on 26.01.2016, and will continue upto 28.01.2016. The meeting shall be formally concluded on 29.01.2016. We are of the view, that the proceedings in the said meeting should be permitted to continue. However, the decision taken thereon should be placed in a sealed cover, and will be subject to the final decision that may be taken by the Division Bench of the Madras High Court at Chennai, as directed above. Ordered accordingly.
In the above view of the matter, the cases depicted at Sl.Nos.6, 8 and 10, as also, the cases pending before the Civil Courts are directed to be transferred to the Principal Bench of the Madras High Court at Chennai, without any further delay. All the parties are directed to appear before the Principal Bench of the Madras High Court at Chennai on 10.02.2016. Liberty is also granted to the parties, to furnish the paperbooks of the matters pending before the Bombay High Court and the Delhi High Court, if they are so advised, to the Madras High Court. Further deliberations in the ongoing controversy shall be based on the decision, that will be taken by the Principal Bench of the Madras High Court at Chennai, after hearing all the concerned parties. 4
Further proceedings pertaining to the shareholding of the Tamilnad Mercantile Bank Limited, shall only be dealt with by the Division Bench of the Madras High Court at Chennai.
The transfer petitions are disposed of in the above terms.
As a sequel to the above, pending interlocutory applications also stand disposed of. T.P.(C)No.1441/2014, T.P.(C)No.1592/2014 and T.P.(C)No.1633/2014 Taken on board.
The above-mentioned transfer petitions are disposed of in terms of the order passed in I.A.4/2016 in T.P.(C)No.1381/2014 and I.A.No.4 in TP(C)No.1545/2014.
..........................J. (JAGDISH SINGH KHEHAR) ..........................J. (C. NAGAPPAN) NEW DELHI;
JANUARY 27, 2016.
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ITEM NO.6 COURT NO.3 SECTION XVIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
I.A.4/2016 in Transfer Petition(s)(Civil) No(s).1381/2014 TAMIL NAD MERCANTILE BANK LTD Petitioner(s) VERSUS C KANAKARAJ AND ANR. Respondent(s) (For directions and office report) WITH I.A.No.4 In T.P.(C) No.1545/2014 (For directions and Office Report) Date : 27/01/2016 These applications were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE MR. JUSTICE C. NAGAPPAN For Petitioner(s) Mr.Amit Singh Chhada, Sr.Adv.
Mr.K.S.Mahadevan, Adv.
Mr.Krishna Kumar R.S., Adv. Mr. Rajesh Kumar, Adv.
Mr.Devvrat Anand, Adv.
For Respondent(s) Mr.P.S.Narsimha, ASG Mr.Surender Kumar Gupta, Adv. Mr.Tara Chandra Sharma, Adv. Mr.B.Krishna Prasad, Adv.
Mr.Raju Ramachandran, Sr.Adv. Mr. Ashok Mathur, Adv.
For Impleader Mr.P.Chidambaram, Sr.Adv.
Mr.Balaji Srinivasan, Adv.
Mr.C.A.S.Aryama Sundaram, Sr.Adv. Ms.Rohini Musa, Adv.
Ms.Vaishnavi Subrahmanyam, Adv.
Mr.L.N.Rao, Sr.Adv.
Mr.Anirudh Krishnan, Adv. Mr.Keerthi Kiran Murali, Adv.6
Mr.Pallav Mongia, Adv.
Mr.C.U.Singh, Sr.Adv.
Mr.Mrigank Prabhakar, Adv. Mr.Dhamal Mehrotra, Adv.
Mr.Rishi K.S.Gautam, Adv.
Mr.M.S.Krishnan, Sr.Adv. Ms.P.T.Asha, Adv.
Mr.Arvind Dattar, Sr.Adv. Mr.Mayank Kshirsagar, Adv. Ms.Sristhi Govil, Adv.
Mr.Dushyant Dave, Sr.Adv. Ms.Vaishnavi Subrahmanyam, Adv.
Mr. H. S. Parihar, Adv.
Mr.K.S.Parihar, Adv.
Mr.Sanjay R.Hegde, Sr.Adv. Mr.G.Sivabalamurugan, Adv. Ms.Vandana, Adv.
Mr. L. K. Pandey, Adv.
In I.A.5/2016 Mr.S.Vallinayagam, Adv.
Mr.Y.Rajagopala Rao, Adv.
For Impleader Mr.M.Prabhakar, Adv.
Mr.Balaji Srinivasan, Adv.
Upon hearing the counsel the Court made the following O R D E R I.A.No.4/2016 in T.P.(C)No.1381/2014 and I.A.No.4 in TP(C)1545/14 Heard learned counsel for the rival parties.
The applications for impleadment are allowed as prayed for.
The transfer petitions are disposed of in terms of the signed order.
As a sequel to the above, pending interlocutory applications also stand disposed of.7
T.P.(C)No.1441/2014, T.P.(C)No.1592/2014 and T.P.(C)No.1633/2014 Taken on board.
The above-mentioned transfer petitions are disposed of in terms of the order passed in I.A.4/2016 in T.P.(C)No.1381/2014 and I.A.No.4 in TP(C)No.1545/2014.
(SATISH KUMAR YADAV) (RENUKA SADANA)
AR-CUM-PS COURT MASTER
(Signed order is placed on the file)