Veranda Learning Solutions Limited v. Bscpl Infrastructure Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.10.2024

CORAM

THE HONOURABLE Mr. JUSTICE V.LAKSHMINARAYANAN C.R.P.(PD).No. 4267 of 2024 & C.M.P.No. 23734 of 2024 Veranda Learning Solutions Limited Represented by Mr.S.Balasundharam Company Secretary and Authorised Signatory No.34, Thirumalai Road, T.Nagar, Chennai - 600 017.

...Petitioner

Vs.

1.BSCPL Infrastructure Limited Represented by Senior Manager and Accounts Officer Mr.Narendra Having Registered Office at 8-2-502 / 1 / A, JIVI Towers Road No.7, Banjara Hills, Hyderabad - 500 034.

2.BVM Global Educational Trust Represented by Managing Trustee 1/8

Mr.A.S.Ramana Prasad No.58, 4th Main Road, Gandhi Nagar, Chennai - 600 020.

3.The Regional Officer (South) Central Board of Secondary Education New No.3, Plot No.1630 - A, "J" Block, 15th Main Road, Anna Nagar West Chennai - 600 040.

4.The Branch Manager The Karus Vysya Bank Limited 34/2, 1st Avenue, Indira Nagar, Adyar, Chennai - 600 020.

...Respondents

(Cause title accepted vide Court order dated 14.10.2024 made in C.M.P.No.22897 of 2024 in C.R.P.Sr.No.131307 of 2024) Prayer: Petition is filed under Article 227 of the Constitution of India to strike off the original petition filed by the 1st respondent in O.P.No.245 of 2024 from the file of the Principal District Court, Chengalpattu.

For Petitioner :

Mr. Thriyambak J.Kannan 2/8

For Respondent 1:

Mr. R.Thiyagarajan

ORDER

When the matter came up for admission on 22.10.2024, I heard Mr.Thriyambak J.Kannan for the civil revision petitioner and Mr.R.Thiyagarajan for the 1st respondent. Mr.Thriyambak J.Kannan stated that the apprehension of the 1st respondent that he might take over M/s.BVM Global Educational Trust is misplaced. He added that it is a Public Limited Company and not a Trust or a Society to take over by a CBSE institution. Hence, I called upon Mr.Thriyambak J.Kannan to file an affidavit on behalf of the civil revision petitioner to that effect.

2. Mr.Thriyambak J.Kannan has filed an affidavit of S.Balasundharam, Company Secretary of M/s.Veranda Learning Solutions Limited, which reads as follows:

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"4.The Petitioner is not a party to the lease deed dated 05.12.2009 entered into by and between the 1st and 2nd Respondent and has no privity to the dispute that may be by and between the 1st and 2nd Respondent herein. 5.I state that the 1st Respondent has raised an apprehension that the Petitioner may attempt to take over the management of the 2nd Respondent and that formed, inter alia, the basis to file the OP.

6.I state that the Petitioner is not involved with the management of the 2nd Respondent and that the Petitioner does not intend to take over the management of the 2nd Respondent.

3. The affidavit has been served on Mr.R.Thiyagarajan, learned counsel appearing for the 1st respondent. Mr.R.Thiyagarajan states that in the light of the affidavit filed by Mr.Thriyambak J.Kannan, he is not pressing the petitions in O.P.Nos.245 to 247 of 2024, on the file of the Principal District Judge, Chengalpattu, as against M/s.Veranda 4/8

Learning Solutions Limited.

4. In the light of the above affidavit and the submissions made by Mr.R.Thiyagarajan suffice it to record O.P.Nos.245 to 247 of 2024 will stand dismissed as not pressed as against M/s.Veranda Learning Solutions Limited. Consequently, the interlocutory applications that have been moved against M/s.Veranda Learning Solutions Limited shall stand closed.

5. With the above observations, the Civil Revision Petition is disposed off. Consequently, the connected miscellaneous petition is closed. No costs.

24.10.2024 Index : Yes/No Internet : Yes/No kan 5/8

To The Principal District Judge, Chengalpattu.

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V.LAKSHMINARAYANAN, J.

kan 7/8

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