M/S.Rajeswari Infrastructure Limited vs Intec Capital Limited
2024 Latest Caselaw 19189 Mad

Madras High Court

M/S.Rajeswari Infrastructure Limited vs Intec Capital Limited on 1 October, 2024

Author: S.S.Sundar

Bench: S.S.Sundar

                                                                              O.S.A.Nos.289 & 290 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 01.10.2024

                                                        CORAM

                                      THE HON'BLE Mr. JUSTICE S.S.SUNDAR
                                                      AND
                                    THE HON'BLE Dr. JUSTICE A.D.MARIA CLETE

                                              O.S.A.Nos.289 & 290 of 2021

                1.M/s.Rajeswari Infrastructure Limited
                18/23, 2nd Cross Street
                East CIT Nagar, Nandanam
                Chennai 600 035,Tamil Nadu, India

                2.G.Ramamurthy
                3.R.Usha                                                                 .. Appellants
                                                           Vs.
                INTEC Capital Limited
                No.701, Manjusha Building
                No.57, Nehru Place
                New Delhi 110 019                                                        .. Respondent

                          Original Side Appeals filed under Order XXXVI Rule 1 of O.S. Rules
                read with Clause 15 of Letters Patent, against the common order dated
                25.11.2019 passed by the learned Judge in A.Nos.6300 and 6301 of 2019 in
                E.P.Nos.52 and 53 of 2016.


                                   For Appellants      : Mr.G.Senthil Kumar
                                   in both OSAs
                                   For Respondent      : Ms.Ananda Gomathy
                                   in both OSAs



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                                                                              O.S.A.Nos.289 & 290 of 2021

                                          COMMON JUDGMENT

(Delivered by S.S.SUNDAR, J.)

These appeals are directed against the common order dated 25.11.2019

passed in A.Nos.6300 and 6301 of 2019 in E.P.Nos.52 and 53 of 2016,

dismissing the applications to raise the order of attachment.

2. The appellants are the judgment debtors. The learned counsel for the

appellants has not advanced any arguments on merits, except a submission that

the 1st appellant Company is under liquidation and a Resolution Professional has

already been appointed. Though the learned counsel for the appellants

represented before this Court about the pendency of proceedings before the

National Company Law Tribunal (NCLT), he is unable to report this Court

about the stage of the proceedings initiated before the NCLT.

3. Since the learned counsel for the appellants is unable to report the stage

of the proceedings pending before the NCLT, this Court is not inclined to keep

these appeals pending and these appeals are dismissed as being devoid of

merits. No costs. It is also made clear that this order is without prejudice to the

rights of the parties in the pending proceedings before the NCLT.

                                                                      [S.S.S.R.,J.]    [A.D.M.C.,J.]
                Neutral Citation : Yes/No                                       01.10.2024
                gya

https://www.mhc.tn.gov.in/judis

                                       O.S.A.Nos.289 & 290 of 2021

                                           S.S.SUNDAR, J.
                                                    AND
                                      A.D.MARIA CLETE, J.

                                                              gya




                                  O.S.A.No.289 & 290 of 2021




                                                     01.10.2024




https://www.mhc.tn.gov.in/judis