M/S.Bell Finvest India Ltd vs M/S.Vivriti Capital Private Limited
2024 Latest Caselaw 81 Mad

Citation : 2024 Latest Caselaw 81 Mad
Judgement Date : 2 January, 2024

Madras High Court

M/S.Bell Finvest India Ltd vs M/S.Vivriti Capital Private Limited on 2 January, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                          OSA.No.234/2020

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED : 02.01.2024

                                                   CORAM:

                                  THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
                                                    and
                                   THE HON'BLE MR.JUSTICE R.SAKTHIVEL

                                             O.S.A.No.234 of 2020
                                                     and
                                            C.M.P.No.11813 of 2020

                     1.M/s.Bell Finvest India Ltd.,
                     Rep. by its Managing Director Mr.Bhupesh Rathod,
                     No.1107 Maker Chamber V,
                     Nariman Point, Mumbai 400 021.

                     2.Bhupesh Rathod
                     3.Chirag Rathod                                      ... Appellants

                                                  Vs.

                     M/s.Vivriti Capital Private Limited,
                     Floor 12, Prestige Polygon,
                     Anna Salai, Teynampet,
                     Chennai 600 035,
                     Rep. by its Head & Legal Compliance/
                     Authorised Signatory,
                     Mr.Nihal Singh Pabdee                              ... Respondent

                                        For Appellants : Mr.Raj Jhabak
                                        For Respondent : Ms.Abitha Banu




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                                                                                    OSA.No.234/2020



                     Prayer: Original Side Appeal filed under Section 13 of the Commercial
                     Courts Act, 2015 r/w Order XXXVI Rule 1 of O.S.Rules read with
                     Clause 15 of the Letters Patent, against the impugned order of the learned
                     Judge dated 21st January 2020 in A.No.8513 of 2019 in C.S.No.650 of
                     2019 as modified by further order dated 21st February 2020.

                                                        JUDGMENT

(The Judgment of the Court was delivered by R.SUBRAMANIAN, J)

The appeal is filed against the order made in A.No.8513 of 2019 in

C.S.No.650 of 2019 dated 21.01.2020 appointing a receiver at the

instance of the plaintiff.

2.The learned counsel for the respondent has produced before us a

Judgment rendered by this Court on 27.01.2022 in the main suit, namely

C.S.No.650 of 2019, wherein, while decreeing the suit, this Court has

discharged the receiver. Hence, this Appeal has become infructuous.

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3.Therefore, the Appeal is dismissed as having become

infructuous. No costs. Consequently, the connected miscellaneous

petition is closed.