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Madras High CourtCMP/15276/2022ordered

R.K.Jalan v. C.Laxmichand Mehta

2024-02-05Honourable Mr.Justice G.Arul Murugan5 pages

CMP.No.15276 of 2022 in CRP.No.2985 of 2007 G.ARUL MURUGAN , J.

This petition is filed to amend the cause title in CRP.No.2985 of 2007 as petitioner's company namely Keventer Capital Limited, represented by its Authorised Signatory Adarsh Jalan, having registered office at No.34/1, DH Road, Kolkata - 700 027 herein as 3rd petitioner in the place of 3rd and 4th petitioners.

2. Originally the suit in OS.No.12676 of 1996 has been filed on the file of XVIII Assistant Judge, City Civil Court, Chennai, by four plaintiffs namely

(1) R.K.Jalan (2) Deccan Properties Pvt.Ltd., Rep. By its Director, R.K.Jalan,

(3) Madras Leasing Private Limited, Deccan Properties Pvt.Ltd., Rep. By its Director, R.K.Jalan and (4) Madras Industrial Casting Private Limited, Deccan Properties Pvt.Ltd., Rep. By its Director, R.K.Jalan. The said suit was filed for specific performance as against Sowbagyawathi Mehta and 3 others who are respondents in this petition and the petitioners in the above main appeal. The suit was decreed on 12.07.2004 against which the petitioners filed A.S.No.41 of 2005 on the file of Additional District Judge, Fast Track Court No.II, Chennai. The Lower Appellate Court by judgment and decree dated 24.11.2006 allowed the appeal setting aside the judgment and decree of the trial court. During the pendency of the first appeal the petitioners herein filed

an application in CMP.No.27 of 2006 in AS.No.41 of 2005 to produce additional and documentary evidence by the agreement dated 27.01.1982 and the same was dismissed on 24.11.2006. Aggrieved by the same, the respondents filed the above Civil Revision Petition before this Court.

3. Pending Civil Revision Petition, the third and fourth petitioners in the Revision namely Madras Leasing Company Private Limited and Madras Industrial Castings Private Limited have been merged with Keventer Agro Limited, pursuant to the order passed by this Court dated 28.01.2015 in Comp.Petn.Nos.216 and 217 of 2014. Thereafter, Keventer Agro Limited was demerged into Keventer Captial Limited by an order dated 27.02.2019 made in CP(CAA).No.1562/KB/2018 and CA(CAA) No.615/KB/2018 passed by National Company Law Tribunal, Kolkata Bench.

4. In view of the orders passed by this Court in Company Petition Nos.216 and 217 of 2014 dated 28.01.2015 and the order passed by the National Company Law Tribunal, Kolkata Bench, by order dated 27.02.2019, by demerging Keventer Agro Limited into Keventer Capital Limited, the 3rd and 4th petitioners in the Revision namely Madras Leasing Company Limited and Madras Industrial Castings Private Limited got merged with Keventer Agro Limited which was later demerged with Keventer Captial Limited. Now, the 3rd and 4th petitioners have been taken over by Keventer Capital Limited

and as such, the petitioner herein has to be suitably amended in the cause title and the petitioner namely Keventer Capital Limited has to be substituted as 3rd petitioner in the place of 3rd and 4th petitioners namely Madras Leasing Company Private Limited and Madras Industrial Castings Private Limited.

5. The respondents have filed the counter affidavit stating that they were not aware of the same and the petition was not sustainable.

6. Perused the affidavit in support of the petition and heard the learned counsel on either side.

7. Admittedly, the four plaintiffs have filed the suit in OS.No.12676 of 1996 for specific performance as against the respondents in the appeal which was decreed on 12.07.2004 against which the respondents filed AS.No.41 of 2005 and the same was allowed and the specific performance decree was set aside. During the pendency of the first appeal, the petitioners herein filed an application in CMP.No.27 of 2006 in AS.No.41 of 2005 to produce additional and documentary evidence by the agreement dated 27.01.1982 and the same was dismissed on 24.11.2006. Challenging the same, the petitioners have filed the above Civil Revision Petition. During the pendency of the second appeal, this Court in C.P.Nos.216 and 217 of 2014 by order dated 28.01.2015, the 3rd and 4th petitioners namely Madras Leasing Company Private Limited and Madras Industrial Castings Private Limited got merged with Keventer Agro

Limited. Thereafter, Keventer Agro Limited was demerged with Keventer Captial Limited in CP (CAA) No.1562/KB/2018 and CP (CAA) No.615/KB/2018 by order dated 27.02.2019 passed by the National company Tribunal, Kolkata Bench. Hence, the 3rd and 4th petitioners in the Revision have been merged with Keventer Agro Limited and later demerged with Keventer Captial Limited. Therefore, in the interest of justice, the petitioners herein have to be substituted and cause title has to be amended by substituting the name of the 3rd petitioner as Keventer Capital Limited in the place of 3rd and 4th petitioners namely Madras Leasing Company Private Limited and Madras Industrial Castings Private Limited.

8. Under such circumstances, this CMP.No.15276 of 2022 is ordered accordingly. Registry is directed to carry out the necessary amendments in the cause title.

9. Post the matter on 06.03.2024.

05.02.2024 (2/2) drl G.ARUL MURUGAN , J.

drl CMP.No.15276 of 2022 in CRP.No.2985 of 2007 (2/2) 05.02.2024