P. DHANABAL
Spartek Ceramics India Limited, Represented by its Director – Appellant
Versus
Spartek Agencies, A Partnership Firm, Represented by its Partner G. V. Sabarinathan – Respondent
ORDER :
(P. Dhanabal, J.)
(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in I.A.No.1 of 2021 in C.O.S.No.496 of 2022 (Previously O.S.No.1896 of 2021) dated 17.10.2022 on the file of the Commercial Courts at Egmore and allow the Revision.)
The petitioner has filed this Civil Revision Petition, challenging the order dated 17.10.2022 passed in I.A.No.1 of 2021 in C.O.S.No.496 of 2022 on the file of the Commercial Courts, Egmore, Chennai, wherein, the petitioner herein has filed an interlocutory application under Order VII Rule 11 of the Code of Civil Procedure, 1908 to reject the plaint and the same was dismissed.
2. According to the petitioner, he is the defendant in the suit and the respondent herein being the plaintiff has filed the suit for the relief of recovery of money (the amount due for the period from 10.03.2005 to 25.11.2005) as against the petitioner/defendant.
3. The petitioner/defendant is a public limited Company and was manufacturer of ceramic floor tiles and sanitary wares. During the course of business, the petitioner/defendant has appointed various retailers to market their produc
Balasaria Construction (P) Ltd. Vs. Hanuman Seva Trust and others
Popat and Kotecha Property Vs. State Bank of India Staff Association
The question of limitation in a suit involving a sick industrial company is a mixed question of law and fact, requiring a full trial to resolve.
The Civil Court lacks jurisdiction to hear matters involving sick industries under SICA, necessitating the dismissal of suits pending before it upon the filing of proceedings with BIFR, per Sections ....
The suspension of legal proceedings under Section 22(1) of the Sick Industrial Companies Act applies only to ongoing proceedings that would threaten the rehabilitation of sick companies, not to mere ....
The court ruled that an ex-parte order is interlocutory and barred from revision under the Commercial Courts Act, but the petitioner retains the right to participate in ongoing proceedings.
A petition under Article 227 of the Constitution of India is maintainable against non-appealable orders of Commercial Courts despite restrictions in the Commercial Courts Act, preserving the High Cou....
A dissolved entity cannot maintain a suit as per the Insolvency and Bankruptcy Code, rendering any orders passed by a court lacking jurisdiction illegal.
A disputed question cannot be decided as a preliminary issue.
(1) Initiation of CIRP – Exclusion of period of limitation – In absence of provisions for exclusion of such period in respect of application under Section 9, IBC, despite combined reading of Section ....
The principle of res judicata and the provisions of Order XIV Rule 2 of the Code of Civil Procedure, 1908 were central to the court's decision.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.