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Madras High CourtCRP(MD)/719/2026ordered

M. Vinoth v. The Proprietor

2026-03-16Honourable Mr Justice V. Lakshminarayanan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2026

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN M.Vinoth ... Petitioner vs.

1.The Proprietor NEO Growth Credit Private Limited Ewing, 903, Times Square Building Andherikurta Road Gamdevi Marol, Andher East Mumbai, Maharashtra - 400 059.

2.The Proprietor IFL Finance Limited 3rd Floor, IIFL House Sun Infotech Part Road 16V Wagle Estate Thane West Mumbai - 400 604.

3.The Proprietor Protium Finance Limited 7th Floor Block B2 Phase -1 Nirton Knowledge Park Pahadi Village Western Express Highway 1/6

Cama Industrial Estate Goregaon (E) Mumbai Maharashtra - 400 063.

4.The Proprietor Bajaj Finance Limited 4th Floor Pune-Ahmed Nagar Road Viman Nagar Pune - 411 014.

5.The Proprietor FIBE, No. 404 The Chambers Near Ganpati Mandir Chowk (Samrat, Chowk Viman Nagar Road Pune) Viman Nagar Pune - 411 014.

6.The Proprietor Adiyabiriallaance Limited 2nd Floor, Horizon Building 57, Chowringhee Road Kolkatta - 700 071.

7.The Proprietor Cholamandalam Investment and Finance Company Ltd.

No. 55/55/1, Chowringhee Road Choudhury's Estate 5th Floor Kolkatta - 700 071.

8.The Proprietor Moneyview Limited 1st and 2nd Floor No. 17/1, Outer Ring Road 2/6

Kadubeesanahalli Bengaluru Karnataka - 560 103.

9.The Proprietor Kredit Bee 4th Floor, Anjaneya Techno Park No. 147 HAL Old Airport Road ISRO Colony Kodihalli Bengaluru - 560 008 Karnataka State.

10.The Proprietor Ambit Private Limited Ambit House No. 449, Sanapti Bapat Marg Lower Parel Mumbai - 400 013.

11.Vignesh ... Respondents PRAYER: Petition filed under Article 227 of the Constitution of India, to set aside the Docket Order passed in Unnumbered I.P.No. of 2026 on the file of the learned III Additional Subordinate Court, Madurai dated 02.12.2025 and number the above Unnumbered I.P.No. of 2026.

For Petitioner : Mr.S.Senthil Kumar 3/6

ORDER

The Civil Revision Petitioner seeks a direction to set aside the docket order passed in I.P.No.un-numbered of 2026 by the learned III Additional Subordinate Judge at Madurai, dated 02.12.2025, and to number the above I.P.No. un-numbered of 2026. 2.This Court in Selvaraj Vs. Koodankulam Nuclear Power Plant India Limited represented through its Project Director, 2021 SCC Online Mad 2514, had directed that at the stage of numbering, the Court must not enter into matters, which can be appropriately addressed only on the judicial side. Till the application is numbered, the role of the Court is only ministerial. Whether Section 8 of the Provincial Insolvency Act, 1920 is a bar or otherwise, requires a judicial order. It cannot be decided at the stage of numbering. 3.

Hence, there shall be a direction to the learned III Additional Subordinate Judge at Madurai to number the insolvency petition. Thereafter, it is open to the Court to raise the issue of maintainability, hear the counsel and thereafter pass orders.

which ought to have been dealt on the judicial side, the aforesaid direction has been given.

4.The Civil Revision Petition is ordered in the aforesaid terms. No costs.

Index :Yes / No 16.03.2026 Internet :Yes / No NCC :Yes / No mm Note :

The original of the insolvency petition filed by the Civil Revision Petitioner shall be returned to Mr.S.Senthil Kumar or any other counsel on record, after obtaining the usual endorsement.

To The III Additional Subordinate Judge, Madurai 5/6

V. LAKSHMINARAYANAN, J.

mm 16.03.2026 6/6