THE HONOURABLE SRI JUSTICE P. SAM KOSHY Civil Revision Petition No.681 of 2025

ORDER :

The instant Civil Revision Petition has been filed by the petitioners under Article 227 of the Constitution of India assailing the order dated 28.11.2024 in I.A.No.76 of 2022 in O.S.No.55 of 2022 passed by the II Additional Junior Civil Judge-cum-X Additional Judicial First Class Magistrate, at Kukatpally, Ranga Reddy District (for short, ‘the impugned order’)

2. Heard Ms.Nishitha, learned counsel representing M/s. R.S. Associates, learned counsel for the petitioners; Mr. N. Sreedhar Reddy, learned counsel for respondent Nos.1 and 2; and Mr. M. Naga Deepak, learned counsel for respondent No.3.

3. Vide the impugned order, the Trial Court dismissed the above I.A., viz., I.A.No.76 of 2022 in O.S.No.55 of 2022, which was filed by petitioners herein under Order VII Rule 11 read with Section 151 of Civil Procedure Code, 1908 praying the Court to reject the plaint on the ground of lack of cause of action.

4. The petitioners herein are defendant Nos.1 and 2 before the Trial Court, and respondent No.3 herein is defendant No.3 before the Trial Court.

5. It is pertinent to take note of the fact that the above suit, viz., O.S.No.55 of 2022 was filed by the respondent Nos.1 and 2 herein (plaintiffs) under Order VII Rule 1 and 2 read with Section 26 of the Civil Procedure Code, 1908 seeking for a perpetual injunction.

6. The petitioners herein (as defendant Nos.1 and 2) entered appearance and filed the above I.A. by raising three grounds, viz., (a) that the suit is being barred by Section 430 of the Indian Companies Act, 2013; (b) the plaint does not disclose any cause of action; and (c) that the plaint is liable to be rejected under Order 7 Rule 11(d) of Civil Procedure Code, 1908.

7. This court does not find that the petitioners have raised such an objection to the suit being barred by law on the ground of there being arbitration clause available to the parties, rather it was a case where the objection was that the suit having been barred under the provisions of the Indian Companies Act, 2013 and also there being no cause of action which arose for filing the above suit.

8. Therefore, prima facie, this Court is of the firm view that the impugned order does not seem to have been passed keeping in view the specific objections raised by the petitioners in I.A.No.76 of 2022 in O.S.No.55 of 2022. Therefore, in the opinion of this Court the impugned order passed by the Trial Court is not proper, legal and justified and the same therefore deserves to be set aside /

quashed.

9. Accordingly, the impugned order dated 28.11.2024 in I.A.No.76 of 2022 in O.S.No.55 of 2022 passed by the II Additional Junior Civil Judge-cum-X Additional Judicial First Class Magistrate, at Kukatpally, Ranga Reddy District, is set aside / quashed. The matter stands remitted to the Trial Court which is seized of O.S.No.55 of 2022 with a direction to take up I.A.No.76 of 2022 afresh and pass appropriate orders after hearing both sides and keeping in view the contentions raised by the petitioners in the said I.A.

10. Further, considering the fact that the above I.A. is of the year 2022, it is expected that the Trial Court shall take an early decision on I.A.No.76 of 2022 in O.S.No.55 of 2022 preferably within a period of three (03) months from the next date of hearing. 11. With these observations, the Civil Revision Petition stands allowed. No costs.

12. As a consequence, miscellaneous petitions pending, if any, shall stand closed.

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P. SAM KOSHY, J Date : 11.07.2025 Ndr