V.Thirumurugan v. The Official Liquidator
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.03.2016
CORAM
THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR. JUSTICE M.M.SUNDRESH O.S.A.Nos.168 & 169 of 2013 O.S.A.No.168 of 2013:
V.Thirumurugan, Proprietor and Authorised Signatory of M/s.V.S.K.Marketing, No.6/623, Main Road, Devapandalam (Post), Sankarapuram Taluk, Villupuram District, Tamil Nadu-606 402.
.. Appellant vs 1.The Official Liquidator, High Court, Madras.
Corporate Bhavan, 2nd Floor, No.29, Rajaji Salai, Chennai-600 001.
2.Cholamandalam Investment and Finance Company Ltd., Dare House, No.2, N.S.C. Bose Road, Parrys, Chennai-600 001.
3.Nandagopal, Proprietor, M/s.Rajendra Textile Engineers, No.62, 3rd street, Bharathy Colony, Peelamedu, Coimbatore-641 004.
4.Indian Overseas Bank, Salem Main Branch, 16/17, Car street, Salem-636 001.
.. Respondents (Respondent No.4 impleaded as per the order made in M.P.No.1 of 2014 dt. 15.4.2014)
O.S.A.No.169 of 2013:
V.Thirumurugan, Proprietor and Authorised Signatory of M/s.V.S.K.Marketing, No.6/623, Main Road, Devapandalam (Post), Sankarapuram Taluk, Villupuram District, Tamil Nadu-606 402.
.. Appellant vs 1.The Official Liquidator, High Court, Madras.
Corporate Bhavan, 2nd Floor, No.29, Rajaji Salai, Chennai-600 001.
2.Cholamandalam Investment and Finance Company Ltd., Dare House, No.2, N.S.C. Bose Road, Parrys, Chennai-600 001.
3.Nandagopal, Proprietor, M/s.Rajendra Textile Engineers, No.62, 3rd street, Bharathy Colony, Peelamedu, Coimbatore-641 004.
.. Respondents Appeals filed under Order XXXVI, Rule 9 of Original Side Rules read with Clause 15 of Letters Patent against the order made in C.A.Nos.339 and 340 of 2013 in C.P.No.173 of 2001, dated 28.03.2013.
For Appellant .. Mr.J.Rajakalifulla in both appeals for M/s.S.Krishnaveni For Respondents .. Mr.B.Dhanaraj for R1 Mr.D.Pradeep kumar for R2 Mr.J.Nithyanandam for R3 in both appeals Mr.F.B.Benjamin George for R4 in OSA.No.168 of 2013
COMMON JUDGMENT (Judgment of the Court was delivered by The Hon'ble Chief Justice) In view of our orders passed in C.M.P.No.4233 of 2016 in O.S.A.No.168 of 2013 today, if three parties are not ad idem, then the machineries are to be sold by the applicant therein and nothing would survive for consideration in these appeals.
2. If parties are able to resolve the issue and opt to shift the machineries, then they can settle the issue inter se themselves.
3. The appeals, accordingly, stand disposed of. No costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar bbr To The Sub Assistant Registrar, Original Side, High Court, Madras.
+1 cc to Ms.S.Krishnaveni, Advocate, sr.20348 +1 cc to Mr.B.Dhanaraj, Advocate, sr.20274 +1 cc to Mr.J.Nithyanandan, Advocate, sr.20686 +1 cc to Mr.B.Giridhara Rao, Advocate, sr.4781 O.S.A.Nos.168 & 169 of 2013 tej co kra 12.04.2016