CRP. Nos.1714 and 3019 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.10.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

CRP. No. 3019 of 2022

1.P.Anand

2.M.N.Sakthivelsamy

3.K.R.Rajmohan

4.V.Gopalakrishna Vasa

5.A.Ibramshah

6.P.Rajkumar

...Petitioners

Vs.

1.Era.Velusamy

2. Palladam Hi-Tech, Weaving park

Rep by its Chairman/ Managing Director,

Palladam.

3.M.Senthilkumar

Chairman/Managing Director,

Palladam Hi-Tech Weaving Park,

Palladam

... Respondents.

PRAYER in CRP No. 3019 of 2022 : This Civil Revision Petition is filed

under Article 226 of Constitution of India, to struck off the plaint in O.S

No. 61 of 2022 on the file of District Munsiff Court at Palladam.

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CRP. Nos.1714 and 3019 of 2022

For Petitioners : Mr.P.H.Aravind Pandian, Senior Counsel.

For R1 : Mr.K.Magesh

For R2 and R3 : No appearance

CRP. No. 1714 of 2022

1.P.Anand

2.M.N.Sakthivelsamy

3.K.R.Rajmohan

4.V.Gopalakrishna Vasa

5.A.Ibramshah

6.P.Rajkumar

...Petitioners

Vs.

1.Era.Velusamy

2. Palladam Hi-Tech, Weaving park

Rep by its Chairman/ Managing Director,

Palladam.

3.M.Senthilkumar

Chairman/Managing Director,

Palladam Hi-Tech Weaving Park,

Palladam

... Respondents.

PRAYER in CRP No. 1714 of 2022 : This Civil Revision Petition is filed

under Article 226 of Constitution of India, to set aside the docket order

made in I.A No. 128 of 2022 in O.S No.61 of 2022 dated 26.04.2022 on the

file of District Munsiff Court, Palladam.

For Petitioners : Mr.P.H.Aravind Pandian, Senior Counsel.

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CRP. Nos.1714 and 3019 of 2022

For R1 : Mr.K.Magesh

For R2 and R3 : No appearance

COMMON ORDER

The petition in CRP No. 3019 of 2022 is filed to struck off the plaint

in O.S No. 61 of 2022 on the file of District Munsiff Court at Palladam and

the petition in CRP No. 1714 of 2022 is filed to set aside the docket order

made in I.A No. 128 of 2022 in O.S No.61 of 2022 dated 26.04.2022 on the

file of District Munsiff Court, Palladam.

2. The Revision Petitioners herein are defendants 3 to 6 in the suit in

O.S No.61 of 2022 on the file of the District Munsif Court, Palladam, filed

by the first respondent herein/ERA.Velusamy for the relief of permanent

injunction restraining the defendants from any way conducting the

extraordinary general body meeting on 30.04.2022 of the company or any

subsequent dates without presiding the same by the chairman/Managing

Director of the company and other consequential relief. On receipt of the

notice, the Revision Petitioners herein filed this petition to strike off the

plaint in O.S No. 61 of 2022 under Article 227 of Constitution of India,

stating that the Trial Court has no jurisdiction to try the suit since because

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CRP. Nos.1714 and 3019 of 2022

issue involved in this case is that all the parties are share holders of the

second respondent company incorporated under Companies Act, 1956 and

issued notice to conduct extraordinary General Body meeting of the general

share holders, having received the same, first respondent/plaintiff herein

filed a suit before the Trial Court as such is not maintainable for the reason

that Section 430 of Companies Act bars the Civil Court to entertain the suit

which is abuse of process of law, but the Trial court without applying its

judicious mind, erroneously entertained the suit as such is liable to be set

aside. Hence, they have preferred these Civil Revision Petitions.

3. The learned counsel for the respondents submitted that the 1^st

respondent is one of shareholder of the second respondent company and the

main object of the said company is to establish, develop, promote textile

woven fabrics and allied activities to enable promotion and growth of

weaving industry in Coimbatore District. Fu