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2009 Supreme(Mad) 5779

V.RAMASUBRAMANIAN
K. Periasamy Gounder – Appellant
Versus
Kothari Industrial Corporation Ltd. , Represented by its Chairman & Another – Respondent


ADVOCATES APPEARED:
For the Appearing Parties: P.H. Arvind Pandianm, L. Narayanan, T.K. Seshadri, learned Senior Counsel.

Judgment :

While the company application C.A.No.1000 of 2009 is by one K.Periasamy Gounder, seeking permission to get a transfer of 3 properties, one in Nariman Point, Mumbai, another in Tiruchirappalli and a third in Coimbatore, belonging to Kothari Industrial Corporation Ltd., which is the company sought to be wound up in C.P.No.51 of 2007, the other 2 applications, C.A.Nos.1740 and 1741 of 2009 are by the petitioning creditor viz., Kotak Mahindra Bank Ltd., seeking (i) an interim injunction restraining the company-Kothari Industrial Corporation Ltd., from alienating, disposing of the shares of Glenworth Estate Ltd., and Adderley Estate Ltd., or in any manner encumbering its movable and immovable assets and (ii) a direction to the company not to place any agenda in the Annual General Body meeting, regarding the transfer of any of the fixed assets of the company to any third party.

2. I have heard Mr.P.L.Narayanan, learned counsel appearing for the petitioning creditor Kotak Mahindra Bank Ltd., Mr.T.K.Seshadri, learned Senior Counsel appearing for the Kothari Industrial Corporation Ltd., which is the company sought to be wound up, Mr.P.H.Arvind Pandian, learned counsel appearing



















































































































































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