S. Vishwanathan v. Rajalakshmi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2021

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MS.JUSTICE R.N.MANJULA 1.S.Vishwanathan 2.S.Ganapathy 3.N.Mani 4.K.Raju 5.A.Arokkiyasamy 6.K.Sankar Raman 7.A.Gunasekaran 8.J.Shanmugasundaram 9.V.Murali .. Petitioners/Appellants Vs 1.N.Rajalakshmi 2.M/s.Calcom Credit and Holdings Pvt Ltd., Regd Office: Flat No: J62, T1 (Top Floor), Dilshad Extn No.1, Dilshad Colony, Shahdara, New Delhi 110 095.

3.M/s.Rajat Chakra Credit and Holdings Pvt Ltd., Regd Office: Flat No: J62, T1 (Top Floor), Dilshad Extn No.1, Dilshad Colony, Shahdara, New Delhi 110 095.

4.M/s. Satluj Credit and Holdings Pvt Ltd., Regd Office: Flat No: J62, T1 (Top Floor), Dilshad Extn No.1, Dilshad Colony, Shahdara, New Delhi 110 095.

5.M/s.Sheetala Credit and Holdings Pvt Ltd., Regd Office: Flat No: J62, T1 (Top Floor), Dilshad Extn No.1, Dilshad Colony, Shahdara, New Delhi 110 095.

6.M/s.Twentieth Century APCO Leasing Pvt Ltd., Regd. Office: CK 5, Sector 2, Salt Lake, 2nd Floor, Kolkata - 700 091.

7.The Union Territory of Puducherry Rep. by Special Secretary (Revenue), Department of Revenue and Disaster Management, Puducherry 8.The Superintendent of Police (CID), Puducherry 9.The Competent Authority, Appointed under Puducherry Protection of Interest of Depositors In Financial Establishments Act, 2004, Puducherry 10.The Puducherry Non-Banking Investors Protections Association for P.N.L.Nidhi Limited, Rep. by its President, 159, Ambedkar Salai, Puducherry - 1.

11.P.N.L.Nidhi Limited, 189, Mission Street, Puducherry - 605 001.

.. Respondents

Petition filed under Section 151 CPC to grant leave to the petitioners to file Writ Appeal Sr.No.37608 of 2021 as third party against the common order passed in W.P.No.18681 of 2020 (Batch cases) dated 18.03.2021.

For Petitioners/Appellants :

Mr.Adinarayana Rao For Respondents :

Mr.AR.L.Sundaresan Senior Counsel for Ms.AL.Ganthimathi for R1 to R5 Mr.Ravi for M/s.Gupta & Ravi for R11

ORDER

(Made by M.M.SUNDRESH, J.) Though this petition has been filed seeking leave, after going through the order passed by the learned single Judge, this Court is of the view that the remedy open to the petitioners is to approach the learned single Judge, contending that the order has been passed wrongly recording the submission made as if it is a consent order. We are also of the view that this being the Court of record, it is the proper remedy instead of filing an appeal.

2.In such view of the matter, without expressing anything on the merits of the case, this miscellaneous petition stands closed, giving liberty to the petitioners to approach the learned single Judge. Consequently, W.A.Sr.No.37608 of 2021 stands closed. (M.M.S., J.) (R.N.M., J.) 26.04.2021 Index:Yes/No mmi Note: Issue copy of the order on 30.04.2021 To 1.The Special Secretary (Revenue), The Union Territory of Puducherry, Department of Revenue and Disaster Management, Puducherry.

2.The Superintendent of Police (CID), Puducherry.

3.The Competent Authority, Appointed under Puducherry Protection of Interest of Depositors In Financial Establishments Act, 2004, Puducherry.

M.M.SUNDRESH, J.

and R.N.MANJULA,J.

mmi 26.04.2021