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2005 Supreme(Mad) 1283

R.BANUMATHI
Chennimalai Yarns Pvt. Limited. & Another – Appellant
Versus
S. Chandrasekar & Others – Respondent


Advocates Appeared:For the Petitioners:P. Valliappan, Advocate for Sarvabhauman Associates. For the Respondents:R1 K. Kalyanasundaram, R6 R.T. Doraisamy, Advocates, R2, R4 & R5 No appearance, CRP dismissed against R3.

Judgment :-

(PRAYER: Revision filed against the orders dated 16.08.1999, made in I.A.Nos.452, 453/1998 in O.S.No.541/1998 on the file of the Principal Sub Court, Coimbatore.)

Common Order

These revisions are directed against the orders of Principal Subordinate Judge, Coimbatore made in I.A.Nos. 452, 453/1998 in O.S.No.541/1998, allowing the petition filed by the Plaintiff to implead D-6 individually and in his Representative Capacity for all other shareholders and regarding the territorial jurisdiction of the Court at Coimbatore. The Defendants 1 and 2 are the Revision Petitioners.

2.Necessary facts for the disposal of this revision could briefly be stated thus :

O.S.No.541/1998:-

The first Defendant – M/s.Chennimalai Yarns Private Limited has been carrying on business at Chennimalai and having its registered office at Coimbatore. Defendants 2, 3 and 4 are the Directors of the D-1 company; D-5 is the former Director of the company and a share holder. D-6 is also a share holder in D-1 company. Case of the Plaintiff is that he is the Managing Director of D-1 company and has been so appointed for a period of five years. The company has made borrowings from Tamil Nadu Industrial Investment



























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