R.Ramesh,S/O.Late.K.Rajagopal v. T.N.K.Govindaraju Chetty (Firm
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.09.2018
CORAM:
THE HON'BLE MR.JUSTICE K.K.SASIDHARAN AND THE HON'BLE MR.JUSTICE R.SUBRAMANIAN Original Side Appeal Nos.168 and 169 of 2015 R.Ramesh ...Appellants in both Appeals vs.
1.T.N.K.Govindaraju Chetty (Firm) Represented by its partner - P.Natarajan No.48, Anna Salai, Chennai - 600 002.
2.Trustee of Sri Agastyar Trust Represented by its Trustees - Respondent Nos.7 to 16 herein No.13, Raja Street, T.Nagar, Chennai - 600 017.
3.Glenrock Estates Private Limited, Represented by its Director G.Chandrasekar No.48, Anna Salai, Chennai - 600 002.
4.T.N.K.Govindaraju Chetty and Co. Private Limited, Represented by its Executive Director, K.N.Varadarajan, No.48, Anna Salai, Chennai - 600 002.
5.Devi Cine Projector Manufacturing and Co., A registered Partnership Represented by its Partner - P.Natarajan No.48, Anna Salai, Chennai - 600 002.
6.Devi Polymers Pvt. Ltd., Represented by its Executive Director, K.N.Krishnaswamy, No.48, Anna Salai, Chennai - 600 002.
7.V.Mari Chetty 8.K.N.Krishnaswamy 9.K.N.Varadharajan 10.K.N.Mohanram
11.P.Srinivasan 12.P.Natarajan 13.R.Gowrishankar 14.M.Sivaprakash 15.G.Chandrasekar 16.G.Srikanth 17.K.N.K.Venkateswaran 18.K.N.K.Suresh 19.K.Raveendran 20.S.Padmashankar 21.M.Praveenkumar 22.N.Sivakumaran 23.G.C.Govindaraju 24.G.Sunilkumar 25.R.Roahan
...Respondent in both Appeals
Original Side Appeals filed under Clause 15 of Letters Patent and Order 36 Rule 9 of the Original Side Rules, against the common order dated 20.03.2015 in O.A.No.800 of 2013 and Application No.4807 of 2013 respectively in C.S.No.701 of 2010. O.A.800/13 and Application No.4807/13 respectively in C.S.No.701/10:
Original Application praying that this Hon'ble Court be pleased to grant interim injunction restraining the Respondents from purporting to hold or convene any Board Meeting of the 4th Respondent without notice to or in the absence of the Applicant pending disposal of the above suit being subject mater in C.S.No.701/10.
A.No.4807 of 2013:
Application praying that this Hon'ble Court be pleased to direct that the Applicant shall be entitled to continue functioning as a Director of the 1st Respondent with all rights and privileges attached thereto pending disposal of the present suit.
For Appellants : Mr.P.Raghunath for M/s.T.S.Gopalan and Co.
For Respondents: No appearance for RR1, 2, to 6 to 8, 11 to 15, 17, 19, 20 and 23 to 25
C O M M O N J U D G M E N T (delivered by K.K. SASIDHARAN,J.) Heard the learned counsel for the appellant and Mr.V.Srikanth, learned counsel on behalf of respondents 3 to 5. None appears on behalf of other respondents.
2. The learned counsel for the appellant made an endorsement indicating that he is withdrawing the Original Side Appeals with liberty to approach the National Company Law Tribunal.
3. The learned single Judge while dismissing the applications in O.A.Nos.800 and 4807 of 2013 granted liberty to the appellant to approach the Company Law Board. It was further observed that it is open to the appellant herein to raise all those pleas either before the Company Law Board or during the trial in the suit. Now that the appellant has withdrawn the appeals, it is open to him to approach the appropriate authority in accordance with law taking into account the liberty granted by the learned single Judge.
4. In view of the endorsement so made, the Original Side Appeals are dismissed as withdrawn. No costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar svki To The Sub Assistant Registrar, Original Side Section, High Court, Chennai.
+2cc to M/S.T.S.Gopalan & Co., Advocate Sr.65256, 65257 O.S.A.Nos.168 and 169 of 2015 ad[co] srg 26/09/2018