Mrs Shanthi Anand Kumar v. M/S Tipstech Private Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2021

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and C.M.P.No.15435 of 2018 Shanthi Anand Kumar ... Petitioner Vs 1.M/s.Tipstech Private Limited, Having its registered Office at S.F.No.361-1A3, Karavallur Road, MGC Palayam, Coimbatore - 641 107.

2.A.Ashok Kumar 3.S.Narayanan 4.A.Chockalingam 5.M/s.Tips Global Institute, Company incorporated U/s.25 of the Companies Act, 1956, S.F.No.361-1A3, Karavallur Road, MGC Palayam, Coimbatore - 641 107.

6.Anand Kumar ... Respondents 1/5

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the Order dated 07.11.2017 passed in I.A.No.477 of 2017 in O.S.No.219 of 2017 on the file of First Additional District Judge, Coimbatore.

For Petitioner : Mr.M.Sriram For Respondents : Mr.K.M.D.Muhilan for R1 to R5 Ms.S.Magarani for R6 **********

O R D E R

This Civil Revision Petition is filed against the Order dated 07.11.2017 passed in I.A.No.477 of 2017 in O.S.No.219 of 2017 on the file of First Additional District Judge, Coimbatore, thereby dismissing the petition for rejection of plaint.

2. The petitioner is the first defendant and the respondents 1 to 5 are the plaintiffs in the said suit. The respondents 1 to 5 / plaintiffs filed the said suit for specific performance with an alternative prayer to direct the first defendant to pay a sum of Rs.2,12,85,000/- towards compensation. 2/5

3. The learned counsel for the petitioner would submit that the property itself is not available for specific performance. Though the property is not available for specific performance, respondents 1 to 5 filed the said suit for other reliefs also and an alternative relief for payment of compensation.

4. Therefore, all the grounds raised by the petitioner have to be decided only by letting in evidence before the Court below. Therefore, this Court finds no infirmity or illegality in the orders passed by the Court below.

5. However, the learned counsel for the petitioner would submit that the subsequent events have taken place and as such, he sought for liberty to file a fresh application for rejection of plaint.

6. Considering the above request, the petitioner is at liberty to file a fresh application for rejection of plaint based on subsequent events. 3/5

5. Accordingly, this Civil Revision Petition is dismissed. Consequently, the connected miscellaneous petition is dismissed. No order as to costs.

07.07.2021 Internet:Yes Index:Yes/No Speaking/Non speaking order rna To The First Additional District Judge, Coimbatore.

4/5

G.K.ILANTHIRAIYAN. J, rna and C.M.P.No.15435 of 2018 07.07.2021 5/5