M/S.Mangalam Export Corporation vs M/S.Connexions Retail Stores Pvt. Ltd
2024 Latest Caselaw 2149 Mad

Madras High Court

M/S.Mangalam Export Corporation vs M/S.Connexions Retail Stores Pvt. Ltd on 1 February, 2024

Author: Abdul Quddhose

Bench: Abdul Quddhose

                                                                           C.S.No.235 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 01.02.2024

                                                      CORAM

                                  THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                                C.S.No.235 of 2019

                     M/s.Mangalam Export Corporation,
                     Rep. by its Partner, M.Swaminathan,
                     No.61, Bakthapuri Street,
                     Kumbakonam, Thanjavur District.                  ... Plaintiff

                                                        Vs.

                     1.M/s.Connexions Retail Stores Pvt. Ltd.,
                     No.120, Natesan Nagar, 3rd Main Road,
                     Virugambakkam, Chennai - 600 092.
                     Rep. by its Director.

                     2. Mr.V.Swaminathan, Director,
                     M/s.Connexions Retail Stores Pvt. Ltd.,
                     No.120, Natesan Nagar, 3rd Main Road,
                     Virugambakkam, Chennai - 600 092.

                     3. Mr.Madhu Desikan,
                     Regn. No.IBBI/IPA-001/IP-P00579/2017-18/11021,
                     No.114, Balasubramaniam Street,
                     Mylapore, Chennai - 600 004.
                     E.Mail - [email protected]
                     (3rd defendant impleaded
                     as per order dated 06.09.2021
                     in A.No.2631 of 2021 and
                     order dated 29.09.2021)                          ... Defendants



                     1/4

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                                                                                            C.S.No.235 of 2019

                     PRAYER: Plaint filed under Order VII Rule 1 of C.P.C. read with Section
                     7 of the Commercial Courts Act read with Order IV Rule 1 of Original Side
                     Rules to direct the defendants to pay the plaintiff a sum of
                     Rs.1,28,64,602.00 together with interest @ 18% per annum from the date of
                     the plaint till full payment and to pay the plaintiff the cost of the suit.

                                               For Plaintiff       :     Ms.Al. Ganthi Mathi



                                                           JUDGMENT

It is brought to the notice of this Court by both the learned counsel for

the plaintiff as well as the learned counsel representing the liquidator for

M/s. Connexions Retail Stores Private Limited that by order dated

30.12.2019, passed by the National Company Law Tribunal (NCLT),

Chennai, M/s. Connection Retail Stores Private Limited has gone under

liquidation and a liquidator viz., the third defendant has been appointed.

Since a liquidator has been appointed for M/s. Connexions Retail Stores

Private Limited, against whom a suit has been filed by the plaintiff, nothing

survives for further adjudication in this suit and the suit has now become

infructuous. If at all the plaintiff seeks for recovery of money as claimed in

the suit, their only remedy is to proceed against the funds belonging to the

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Company under liquidation viz., M/s. Connexions Retail Stores Private

Limited by filing appropriate application before the NCLT, Chennai.

2. The learned counsel for the plaintiff has also not raised any serious

objection for the above observations made by this Court. After recording the

rival submissions and in view of the fact that M/s. Connexions Retail

Stores Private Limited has now gone under liquidation, this Suit is

dismissed as infructuous. No Costs.

                                                                                              01.02.2024

                     Index              : Yes/No
                     Speaking Order : Yes / No
                     Neutral Citation Case: Yes / No
                     ab






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                                  ABDUL QUDDHOSE. J.,

                                                           ab









                                               01.02.2024






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