Madras High CourtCRP/2552/2017disposed of

M/S. Sri Renga Creative v. M/S. Aruppukottai Srijayavilas

2017-10-24Honourable Mr Justice M. Govindaraj4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2017 C O R A M THE HONOURABLE MR.JUSTICE M. GOVINDARAJ C.R.P. (NPD) NO.2552 OF 2017 AND CMP NOS.12164 AND 13209 OF 2017 M/s.Sri Renga Creative Apparels (India) Pvt. Ltd., Rep. by its Managing Director "Sri Renga Castle"

68, Bharathi Park 7th Cross Saibaba Colony, Coimbatore.

...

Petitioner Vs.

M/s.Aruppukottai Sri Jayavilas Ltd., Rep. by its Director T.R.S.Karthikeyan No.3/333, Melakondamangalam, Tamil Padi Post, Aruppukottai - 626 129.

...

Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 19.07.2017 made in T.C.P.No. 527/(IB)/CB/2017 on the file of the National Company Law Tribunal, Chennai Bench.

For Petitioner :

Mr.M.S.Krishnan Senior Counsel for Ms.P.T.Asha for M/s.Sarvabhauman Associates For Respondent :

Mr.Sathish Parasaran Senior Counsel for Mr.Thiryambak J Kannan

O R D E R

This Civil Revision Petition is filed against the order dated 19.07.2017 passed by the National Company Law Tribunal, Chennai Bench.

2. The grievance of the petitioner is that the order came to be passed in utter violation of principles of natural justice.

3. This Court granted interim stay on 24.07.2017 in CMP No.12164 of 2017 in CRP (NPD) No.2552 of 2017. On notice, the respondent has entered appearance and filed detailed counter setting out the factual matter.

4. Now that, it is open for the petitioner to contest the matter on merits before the National Company Law Tribunal. This Court cannot delve into the merits of the matter as the exclusive jurisdiction is conferred upon the National Company Law Tribunal. The order passed by the National Company Law Tribunal dated 19.07.2017 alone is set aside for non-compliance of principles of natural justice. However, it is open to the Tribunal to pass orders on merits after hearing the parties.

5. In view of the same, the Civil Revision Petition is disposed

of with a direction to the petitioner to agitate all their claims before the National Company Law Tribunal. The National Company Law Tribunal is directed to decide the matter on merits, after giving opportunity to the respondent to put forward their case. No costs. Consequently, connected civil miscellaneous petitions are closed.

24.10.2017 Index : Yes/No Internet : Yes/No TK To The National Company Law Tribunal Chennai Bench.

M.GOVINDARAJ, J.

TK C.R.P. (NPD) NO.2552 OF 2017 24.10.2017