M/S.Zash Investment And v. M/S.Subhiksha Trading Services

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2023

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE and Comp. A. Nos.225 and 226 of 2014

1. M/s. Zash Investment and Trading Company Pvt. Ltd.

Rep. By its Authorised Representative Deepak Gupta

2. Sambasivam Kailasam ... Petitioners Vs.

1. M/s. Subhiksha Trading Services Ltd.

Rep. By its Managing Director, R. Subramanian

2. R. Subramanian ... Respondents Company Petition filed under Section 456 of the Companies Act, 2013 to declare that the proceedings in Criminal Complaint No.189 of 2012 renumbered as EOCC No.114 of 2013 (Crl. M.P. No.616 of 2013) pending on the file of the learned Additional Chief Metropolitan Magistrate - EOW - 1, Egmore, Chennai; and /or any other criminal complaint arising out of C.P. No.239 of 2008 and the various interlocutory applications filed therein and appeals thereof, are non est, null and void, vexatious and contrary to the provisions of Section 456 of 1/3

the Companies Act, 2013; corresponding to Section 635A of the Companies Act, 1956 and consequently quash the same and b) award exemplary costs against the 2nd respondent.

For Petitioners : Mr.Monesh Boopalan for M/s.Anand Abdul & Vinodth Associates For Respondents : No appearance

ORDER

The learned counsel for the petitioners in C.P. No.75 of 2014 seeks permission of this Court to withdraw the Company Petition as well as the connected applications. He has made an endorsement to that effect in the court bundle. Accordingly Company Petition No.75 of 2014 is dismissed as withdrawn and consequently connected application Nos.225 and 226 of 2014 are closed.

25.09.2023 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 ABDUL QUDDHOSE, J.

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