M/S.Chennai School Of Ship Management P ... vs G.P.Senthil Vel …
2024 Latest Caselaw 18632 Mad

Madras High Court

M/S.Chennai School Of Ship Management P ... vs G.P.Senthil Vel … on 20 September, 2024

                                                        Company Appeal Nos.16 & 10 of 2012

                        IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                          DATED: 20.09.2024

                                               CORAM

                   THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

                                 Company Appeal Nos.16 & 10 of 2012
                                       and M.P.No. 1 of 2012

               Company Appeal No.16 of 2012

               1.M/s.Chennai School of Ship Management P Ltd.,
                 2/14, School Street,
                 Vandalur-Kelambakkam Road,
                 Mambakkam, Chennai – 600 048.

               2.G.V.Ramanigopal
               3.V.Saravanakumar
               4.V.Anuradha
               5.V.Arvindhan
               6.V.Vasantha                             … Appellants

                                         Vs

               G.P.Senthil Vel                         … Respondent

               Company Appeal No.10 of 2012

               G.P.Senthil Vel                                       … Appellant

                                          Vs

               1.M/s.Chennai School of Ship Management P Ltd.,
                 2/14, School Street,
                 Vandalur-Kelambakkam Road,
                 Mambakkam, Chennai – 600 048.

                     2.G.V.Ramanigopal
                     3.V.Saravanakumar
https://www.mhc.tn.gov.in/judis
                     4.V.Anuradha

               Page No. 1 of 5
                                                                     Company Appeal Nos.16 & 10 of 2012

                     5.V.Arvindhan
                     6.V.Vasantha                                   … Respondents

                     COMMON PRAYER:-These Appeals have been preferred under

                     Section 10-F of the Companies Act, 1956 seeking to set aside the order

                     dated 25.01.2012 in C.P.No.46 of 2003 passed by the Company Law

                     Board, Additional Principal Bench, Chennai.

                     Appearance in Company Appeal No.16 of 2012

                                       For Appellants   : Mr.K.Gowtham Kumar
                                                   for Mr.R.Venkatavaradan

                                       For Respondent    : Mr.D.Kanaga Sundaram

                     Appearance in Company Appeal No.10 of 2012

                                       For Appellant    : Mr.D.Kanaga Sundaram

                                       For Respondents : Mr.K.Gowtham Kumar
                                                     for Mr.R.Venkatavaradan

                                                 COMMON JUDGMENT

These Company Appeals have been filed as being aggrieved

against the order of the Company Law Board made under Sections 397,

398, 402, 403 and 111 of Companies Act, 1956.

2. When these Appeals were taken up of hearing, it was brought

on record that the Company itself has been struck off from the Register

of Companies by proceedings dated 09.08.2018. https://www.mhc.tn.gov.in/judis

Company Appeal Nos.16 & 10 of 2012

3. In view of such fact, I am of the view that there is no useful

purpose in adjudicating these Appeals as the claim itself had become

infructuous.

4. However, the learned counsel appearing on behalf of the

shareholders would submit that the order impugned also deals with the

rights of the parties with regard to the shareholders which would have to

be decided. The present appeals arising out of the application under the

provisions of Sections 397, 398, 402, 403 and 111 of Companies Act,

1956, the claim of the learned counsel would not fall within the scope of

the aforesaid provisions and he can always workout his remedy under

the relevant provisions in accordance with the law.

5. With the aforesaid liberty, these appeals are dismissed as

infructuous. Consequently, connected miscellaneous petition is also

closed.

Gba

20.09.2024

Index :Yes/No https://www.mhc.tn.gov.in/judis Speaking Order/ Non-Speaking Order

Company Appeal Nos.16 & 10 of 2012

Gba

K.KUMARESH BABU, J.

gba

Company Appeal Nos.16 & 10 of 2012

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

Company Appeal Nos.16 & 10 of 2012

20.09.2024

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