Madras High Court
G.V.Thomas vs M/S.Castrol India Ltd on 8 August, 2023
Criminal Original Petition No.17524 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Criminal Original Petition No.17524 of 2023
and
Crl.M.P.Nos.11458 & 11460 of 2023
G.V.Thomas ...Petitioner
Vs
M/s.Castrol India Ltd.,
Technopolis, Knowledge Park,
Mahakali Caves Road, Chakala,
Andheri (East), Mumbai - 400 093,
Having its Southern Region Office
At Rayala Towers, V Floor,
Nos.781-785, Anna Salai,
Chennai - 600 002.
represented by Gurusamy Jaganathan Sridhar
Sales Manager - Heavy Duty ... Respondent
PRAYER : Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, 1973, praying to call for the records in C.C.No.7832
of 2017 on the file of learned Fast Track Court II, Metropolitan Magistrate,
Egmore at Allikulam, Chennai - 3.
For Petitioner : Mr.John Zachariah
*****
ORDER
https://www.mhc.tn.gov.in/judis
Criminal Original Petition No.17524 of 2023
This Criminal Original Petition has been filed seeking to quash the
proceedings in C.C.No.7832 of 2017 on the file of learned Fast Track Court
II, Metropolitan Magistrate, Egmore at Allikulam, Chennai - 3.
2. The petitioner had approached this Court on an earlier occasion by
filing Crl.O.P.No.5239 of 2020 and this Court by order dated 04.07.2022
dismissed the quash petition and directed the Court below to complete the
proceedings within a period of three months. The present quash petition has
been filed on the ground that the National Company Law Tribunal [NCLT],
Kochi Bench, Kochi, passed an order and thereby the company itself has
been dissolved and a liquidator has been appointed for undertaking the
Corporate Insolvency Resolution Process. In view of the same, the
petitioner has approached this Court seeking to quash the proceedings.
3. In the considered view of this Court, the dissolution of a company
and the moratorium will apply only insofar as corporate debtor company is
concerned and the proceedings will always be continued against natural
persons. Useful reference can be made in the judgment of the Apex Court in
Ajay Kumar Radheyshyam Goenka v. Tourism Finance Corporation of
https://www.mhc.tn.gov.in/judis
Criminal Original Petition No.17524 of 2023
India Ltd. [2023 (1) MWN (Crl.) DCC 145 (SC)].
4. In view of the above, the second quash petition is not maintainable
before this Court. It is left open to the petitioner to raise all the defence
before the Court below and the same shall be considered on its own merits
and in accordance with law.
This Criminal Original Petition is disposed of in the above terms.
Consequently, connected miscellaneous petitions are closed.
08.08.2023
Index : Yes/No
Speaking order:Yes/No
Neutral citation:Yes/No
gm
To
The Fast Track Court II, Metropolitan Magistrate,
Egmore at Allikulam, Chennai - 3.
N.ANAND VENKATESH, J
https://www.mhc.tn.gov.in/judis
Criminal Original Petition No.17524 of 2023
gm
Criminal Original Petition No.17524 of 2023
08.08.2023
https://www.mhc.tn.gov.in/judis
