IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 29.01.2024 PRONOUNCED ON: 12.02.2024 CORAM THE HONOURABLE MR. JUSTICE V. SIVAGNANAM Civil Revision Petition Nos.36 & 37 of 2024 and Civil Miscellaneous Petition Nos.143 & 145 of 2024
1. G. Saravanan
2. T. Mahadevan ... Petitioners in both CRPs Vs
1. NTL India Private Limited, A company registered under the Companies Act, 1956, Being represented by its Director:-
1. D. Ramesh
2. B.Dayanithi Having Administrative Office at:
No.11/2, Muthyai Reddy Street, Alandur, Chennai – 600 016.
2. D.Ramesh, S/o S.Durairaj, Director : NTL Private Limited
3. B.Dayanithi S/o. K. Blakrishnan, Director : NTL India Private Limited
2nd and 3rd respondents having their Place of Office at No.11/2, Muthyal Reddy Street, Alandur, Chennai 600 016.
4. Senthil Kumar, Branch Manager, ICICI Bank, Alandur Branch, Pudupettai Street, Alandur, Chennai 600 016.
5. Sivaraj, Cluster Manager, ICICI Bank, Nanganallur Branch, Pudupettai Street, Alandur, Chenni 600 016.
6. John Kennedy, Branch manager, ICICI Bank, Ayanavaram Branch, No2, Konnur High Road, Chinna Chembarambakkam, Ayanavaram, Chennai 600 023 ... Respondents in both CRPs Common Prayer: Civil Revision Petitions have been filed under Article 227 of the Constitution of India to set-aside the docket order in I.A.No.3 of 2023 & I.A.No.2 of 2023 respectively in O.S.No.641 of 2023 dated 10.11.2023 on the file of the Principal District Court, Chengalpet.
For Petitioner : Mr. V.Srimathi in both C.R.Ps For respondents : Mr. C. Umashankar, in both C.R.Ps for R1 to R3
ORDER
Both the Civil Revision Petitions have been preferred against the docket order passed in I.A.No.3 of 2023 & I.A.No.2 of 2023 respectively in O.S.No.641 of 2023 dated 10.11.2023 on the file of the Principal District Court, Chengalpet.
2. Since the issues arises in both the Revisions are one and the same, both the Revisions have been heard together and disposed off by this Common Order.
3. Both the revision petitioners herein are defendants 1 and 2 and the respondents 4 to 6 herein are defendants 3 to 5 and the respondents 1 to 3 herein are plaintiffs in the suit in O.S.No.641 of 2023 on the file of the Principal District Court, Chegalpet. The suit was filed by the respondents 1 to
3/plaintiffs with the following prayer:-
a) to declare that the resignation letter as Director of the 1st plaintiff dated 30.09.2023, alleged to have been issued by the 2nd plaintiff, which is forged and fabricated at the instance of the 1st defendant as null and void and not binding on the 2nd plaintiff.
b) to declare that the resignation letter as director of the 1st plaintiff dated 30.09.2023, alleged to have been issued by the 3rd plaintiff, which is forged and fabricated at the instance of the 1st defendant as null and void and not binding on the 3rd plaintiff.
c) to declare that the fraudulent Board Resolution dated 04.10.2023 of 1st plaintiff conducted by the 1st defendant based on the acceptance of the forged resignation letters dated 30.09.2023 alleged to be that of the 2nd and 3rd plaintiffs and the consequential Form DIR 12 submitted to Registrar of Companies, Chennai as null and void.
d) to pass an order of Mandatory Injunction to restore the power to operate the Bank Account in all modes including the online banking of the 1st plaintiff with the 2nd plaintiff in current account No.240805000423 with the 3rd defendant.
e) to pass an order of Permanent Injunction restraining the 1st defendant from any manner meddling or interfering with the banking operation in all modes of the current account no.240805000423 of the 1st plaintiff with the
3rd defendant bank.
f) to direct the defendants to effect payment of Rs.10,00,000/- jointly and severally as damages for the loss inflicted on the 1st plaintiff company by indulging in forgery and fraudulent removal of Directors of the 1st plaintiff company and fraudulently hampering the operations of the lst plaintiff company, and enabling the 1st defendant to operate the Bank account of the 1st plaintiff with the 3rd defendant by teh collusive and fraudulent act of the defendants 3,4 and 5.
g) for the cost of the suit.
h) for such othr as it may deem fit and proper int he circumstance of the case and thus render justice.
4. Along with the said suit, the respondents 1 to 3/plaintiffs had filed I.A.No.3 of 2023 and I.A.No.2 of 2023 with the following prayers:
I.A.No.3 of 2023 Petition filed under Order XXXIX Rule 1 and 2 of CPC to grant an order of interim injunction restraining the respondents 1 and 2 from acting based upon the alleged Board Resoution dated 04.10.2023 in respect of the affairs of the 1st petitioner during the pendency of the suit and pass such further or otherorders as it may deem fit and proper in the circumstance of the case and thus render justice.
I.A.No.3 of 2023 Petition filed under Order XXXIX Rule 1 and 2 of CPC to grant an order of interim mandatory injunction to restore the mobile number of the 2nd petitioner being 9884200116 linked with the current account no.240805000423 of the 1st petitioner with the 3rd respondent bank thereby enabling the 2nd petitioner to operate the entire bank account of the 1st petitioner during the pendency of the suit and pass such further or other orders as it may deem fit and proper in the circumstance of the case and thus render justice.
5. The learned Trial Judge by an order dated 10.11.2023 passed the impugned order in the above said petitions, which runs as under:
" The suit is filed when High decree of misunderstanding between the plaintiffs and D-1 develop
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