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2016 Supreme(All) 1853

SUNEET KUMAR
New Line Mercantile Pvt. Ltd. – Appellant
Versus
Mirzapur Electric Supply Company Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Ajay Kumar Singh, Ashish Kumar Singh.

JUDGMENT

Suneet Kumar, J.

The only prayer pressed by the applicant is that the application under Order 7 Rule 11 CPC dated 19 May 2015 be decided before deciding the suit.

2. The submission of the learned counsel for the applicant is that the plaintiff-company has already been dissolved under Section 565 of Companies Act 1956 on 14 December 2010. The plaintiff company or its alleged transferee have no legal entity to institute the suit. Learned counsel for the applicant would further point out that earlier a suit being Original Suit No. 65 of 2015 (The Mirzapur Electric Supply Company Ltd. Vs. New Line Mercantile Pvt. Ltd and another) wherein plaint has already been rejected and the application under Order 7 Rule 11 was allowed on the same objection by order dated 27 November 2015.

3. Having due regard to the facts and circumstances of the case, it is provided that the court below shall first decide the application under Oder 7 Rule 11 CPC expeditiously before proceeding to decide the suit being O.S. No. 334 of 2015 without granting unnecessary adjournment to either of the parties.

With the above observations, the petition is disposed of.

No order as to costs.

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