Madras High Court
Arti Meenakshi Muthiah vs Mctm Global Investments Private ... on 8 June, 2022
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.06.2022
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
C.S.No.268 of 2020
& O.A.No.485 of 2020
& A.No.2373 of 2020
Arti Meenakshi Muthiah ... Plaintiff
Vs.
1.MCTM Global Investments Private Limited,
Represented through Mrs.Kamala Muthiah,
Managing Director,
Chennai - 600 002.
2.Kamala Muthiah
3.Nandini Muthiah
4.Gomathy Subramanian
5.M/s.M C Ranganathan & Co
A firm of chartered accountants
Represented through the Partner, Ms.Mathangi ... Defendants
PRAYER : Civil Suit filed under Or.1 R.1 of OS Rules r/w S.26
and Or.VII R.1 of Civil Procedure Code, 1908, praying for a Judgment and
decree:
(a) Declaration that the Financial Statements for the year
2013-14, approved by the Board of Directors at their
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2
meeting held on 18th July 2020 and filed with the
Registrar of Companies, Chennai on 04.09.2020 along
with Forms 23AC, 23B and ADT-1 and other attachments
as non-est, illegal, invalid and void;
(b) Declaration that the Annual General Meeting for
financial year 2013-14, convened on 18.08.2020 pursuant
to the notice dated 18.07.2020 is not in accordance with
law and hence non-est, illegal and void;
(c) Consequently grant an order of mandatory injunction
directing the Board of Directors of the First Defendant to
recast the financial statements for the financial year 2013-
14 so as to reflect the true and fair view of the state of
affairs of the First Defendant company;
(d) Consequently grant an order of mandatory injunction
directing the First Defendant Company to convene a fresh
Annual General Meeting for the financial year 2013-14 for
adoption of recasted Financial Statements which is
prepared by the First Defendant Company pursuant to
Prayer(c).
(e) Declaration that the Fifth Defendant has failed to
discharge the duties as a statutory Auditor in accordance
with the accounting standards as prescribed under the
provisions of the Companies Act, 2013 in the auditing the
Financial Statements for the Financial Year 2013-14;
(f) Consequently grant an order of mandatory injunction
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directing the statutory auditor of the First Defendant to
audit such recasted Financial Statements for Financial
Year 2013-14 as approved by the Board of Directors in
accordance with law;
(g) Award costs of the suit; and
(h) Pass such further or other order as this Hon'ble Court
may deem fit and proper and thus, render justice.
For Plaintiffs : Mr.T.K.Bhaskar
For D1 and D2 : Mr.R.Thiagarajan
For D3 and D4 : M/s.Abitha Banu
For D5 : No appearance
JUDGMENT
When the matter is taken up for hearing, the learned counsel for
the plaintiff submitted that the issue involved in the matter came to be settled
amicably and the same was recorded before the Hon'ble Supreme Court in
C.A.No.3198 of 2020 and the said order of the Hon'ble Supreme Court
dated 29.04.2022 is also produced before this Court. Further, a copy of the
Memorandum of Settlement dated 26.03.2022 entered into between the
parties has also been produced before this Court.
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2.The order of the Hon'ble Supreme Court passed in C.A.No.3198
of 2022 and the Memorandum of Settlement entered into between the parties
is taken on record.
3.In view of the above, the suit is decreed in terms of the
Memorandum of Settlement entered into between the parties. No costs.
Consequently the connected Applications are closed. The order passed by
the Hon'ble Supreme Court in C.A.No.3198 of 2020 and the Memorandum
of Settlement entered into between the parties shall form part of the decree.
The Registry is directed to return the eligible Court fee, in accordance with
law, to the plaintiff.
08.06.2022
Tsg
Index : yes / no
Internet : yes / no
Speaking / non speaking
https://www.mhc.tn.gov.in/judis
KRISHNAN RAMASAMY, J.
Tsg
C.S.No.268 of 2020
& O.A.No.485 of 2020
& A.No.2373 of 2020
https://www.mhc.tn.gov.in/judis
08.06.2022
https://www.mhc.tn.gov.in/judis
