Pinnacle Biomed Private Ltd, v. Vasan Helath Care Private Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-06-2026

CORAM

THE HONOURABLE MR JUSTICE P. VELMURUGAN AND THE HONOURABLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI Pinnacle Biomed Private Limited Unit No.202, 2nd Floor India Printing House 42, G.D. Ambedkar Marg, Wadala West Mumbai 400 031 Appellant Vs

1. M/s Vasan Health Care Private Limited Rep by its Managing Director Dr,A.M.Arun No.70, Dr.Radhakrishnan Salai Westminister Complex, Mylapore Chennai 600 004

2. Ganesh Lal Jain S/o. Late Mr.G.D.Jain Residing at No.1/6-B, Pusa Road New Delhi 110 005

3. Suresh Kumar Jain S/o.Late Mr.G.D.Jain Residing at No.1/6-B, Pusa Road New Delhi 110 005

4. M/s Alcon Laboratories (India) Pvt. Ltd., 3rd Floor, Cresent-4 Prestige Shanthiniketan, Whitefield Bangalore 560 048 Respondents

Memorandum of Grounds of Original Side Appeal under Order XXXVI, Rule 1 of the Original Side Rules read with Clause 15 of the Letters Patent, against the order dated 14.07.2017 made in Comp.A.No.462 of 2017 in C.P.No.267 of 2015.

For Appellant:

Mr.M.V.Swaroop For Respondents:

Mr.S.R.Raghunathan for R1

JUDGMENT

(Judgment of the Court was made by P.Velmurugan J.) This original side appeal is directed against the interim order dated 14.07.2017 made in Comp.A.No.462 of 2017 in C.P.No.267 of 2015 passed by the learned single Judge referring the matter to the Division Bench for an authoritative pronouncement on the following question of law:- "Whether when a batch of petitions, seeking winding up on the ground of inability to pay, filed under the provisions of the Companies Act, 1956, are pending before this Court and were not expressly transferred to the NCLT, could the provisions of the IBC be invoked and applications be preferred to the National Company Law Tribunal?"

2. Subsequent to the impugned order, the Division Bench, by order dated 05.09.2019 in Comp.A.Nos.273, 177 & 161 of 2019 etc., in C.P.No.267 of 2015, has answered the reference and sent the applications to the Company Court to be dealt with in accordance with law.

3. In the light of the above, nothing survives for adjudication in the

present appeal. Accordingly, the original side appeal is dismissed as infructuous. The parties are at liberty to workout their remedy in the manner known to law before the appropriate forum. No costs.

(P.VELMURUGAN J.) (K.GOVINDARAJAN THILAKAVADI J.) 10-06-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ss To

1. The Sub Assistant Registrar (O.S.) High Court, Madras

P.VELMURUGAN J.

AND K.GOVINDARAJAN THILAKAVADI J.

ss 10-06-2026