Abdul Rahim, S/O.Naina Mohamed v. Golden Pipe Company

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2017 CORAM :

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN C.R.P(PD)(MD)Nos.1184 and 1185 of 2017 C.R.P.(PD)No.1184 of 2017:

Abdul Rahim : Petitioner/Petitioner vs.

1.Golden Pipe Company, Rep. By its Proprietor/Managing Director, 3/225, A.Shahul Hameedia Rice Mill Compound, Tanjore Main Road, Ukkadai, Ariyamangalam, Trichy.

2.Sri.Krishna Steels, Rep. By its Proprietor/Managing Directors, No.41, Old No.19, Sembudoss Street, 1st Floor, Broadway, Chennai.

3.JM Steel Corporation, Rep. By its Proprietor/Managing Directors, No.71-K, Sub Jail Road, Palakkarai, Trichy.

4.Sri. Vadivudai Amman Steel Company, Rep. By its Proprietor/Managing Directors, No.3/1, Manali Express High Road, T.K.P.Nagar, Thiruvattiyur.

5.Venus Steel Corporation, Rep. By its Proprietor/Managing Directors, No.22, Jones Street, Chennai.

6.Viji 7.Union Steel Company, Rep. By its Proprietor/Managing Directors, No.25-B/51, Jones Street, Chennai.

8.Jayson Steel Company, Rep. by its Properietor/Managing Directors, No.41, Jones Street, Chennai.

9.Select Steel Company, Plot No.41,42, Vishvaas Nagar, Tharanallur, Trichy.

10.AMA Steels, New No.57, Old No.27/2, Jones Street, Chennai. 11.Pasupathi Metalics, No.14 & 15 Periyapuliyur Village, Gummidipoondi Taluk, Thiruvallur District.

12.Best Steels, 318/1-4, Vichoor Village Road, Vichoor, Chennai. 13.Sri. Sai Steels, 6 Raja Complex, 340/2A2, Bye Pass Road, (Opp. Viki Industries Ltd.,) Gummidipoondi.

14.Shivam Steels, No.2/4, Door No.4/702, 4/702 A, Jai Nagar, Kararampatti, Erumapalayam Village, Salem.

15.Imperial Traders, No.24, Sembudoss Street, Chennai.

16.S.K.Steels, 3/69, Ammani Kondlampatty Bye Pass, Nattamangalam Main Road, Salem.

17.CS Steels & Co., Rep.by its Proprietor/Managing Directors, No.1/131, N.V.Nagar, Amani Kondalampathy Bye Pass, Salem.

18.RT Steel Trading, 10/6, MSA Complex, Main Road, Kollapuram, Nannilam Taluk, Thiruvarur District.

19.Sri.Kannathal Steel Rolling Mills, S.F.No.16/13 F & G, Soorakudipatti Road, Nagamangalam Post, Trichy District.

20.Hindustan Steels, No.19, Sub-Jail Road, Trichy.

21.Balu Iron and Steel Company, No.6, Plot No.204, Carnival Crown Apartment, Bharathi Nagar, Ganapathy, Coimbatore, 22.Sri. Amman Steels and Allied Industries (P) Ltd., Silampudayanpatti Road, Nagamangalam, Trichy. 23.Pulkit Metals Pvt., Ltd., R.S.No.438/2, 3A, 3B & 25 Eripakkam-Mandagapattu Road, Palliputhupattu Village, Villupuram District. 24.Sri.Abirami Steel, No.SS.16/7B-2A, Kaveri Nagar, Platine, Dindigul Main Road, Trichy.

25.Tamil Nadu Steel Corporation, Arandhangi Road, Veladham Petrol Bank-Opposite, Pudukottai.

26.Musthapa, MR Medical, SMS Complex, Kamaraj Nagar, Tanjore Main Road, Trichy.

27.Golden Traders, No.1/3 New Mosque Street, Tanjore Road, Trichy.

28.S.M.Iqbal, 29.Madhan, 30.Deivid Kumar, 31.A.R,Palaniappan, 32.Pathmanadhan, 33.Mudhu : Respondents/Respondents PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Learned II Additional Subordinate Court, Trichirappalli to number the unnumbered I.P. in D.No. 584 of 2017 returned on 12.06.2017.

C.R.P.(PD)No.1185 of 2017:

R.Shajahan : Petitioner/Petitioner vs.

1.Anjaney Steels, R./S.No.385/4&9A, Eripakkam, Mandagapattu Road, Palliputhupattu Village,Villupuram District.

2.Pulkit Metals Private Ltd., R.S.No.438/2,3A,3B, 4&5, Eripakkam, Mandagapattu Road, Palliputhupattu Village, Villupuram District. 3.Pushpit Steels Private Ltd., R.S.No.436/1-A. Eripakkam, Mandagapattu Road, Palliputhupattu Village, Villupuram District. 4.Meenakshi Steels, R.S.No.9/2-B, T.Pidaripattu Village, T.V.Malai Road, Thirumangalam Post, Villupuram District.

5.Shankara Building Products Ltd., 1-A/2C, Second Godown, C-Portion, Tanjore Main Road, Trichy.

6.Kannappan Iron and Steels Company Private Ltd., 9/111, Kalidas Road, Ramnagar, Coimbatore.

7.Roja Trading Company, 1-E, Shahul Hameediya Rich Mill Compounds, Ukkadai, Ariyamangalam, Trichy.

8.National Steels, New No.43, Old No.21, Jones Street, Mannady, Chennai.

9.Pashupati Metallics, S.No.14 and 15 Periyapuliyur Village, Gummidipoondi Taluk, Thiruvalluvar District.

10.Indian Steel Traders, New No.70, Old No.54, sembudoss Street, Chennai.

11.Haji Stores, B.O. 64-A, V.M.Pettai, Eda Street, Trichy.

12.SRM Marketing, Old No.9, New No.17, Sembudoss Street, 2nd Floor, Chennai.

13.Abdul Salam, 14.Abdul, 15.Sadhik, 16.Musthapa, 17.Devid Kumar, 18.Audaiappan, 19.D.Ramachandran 20.Ramesh 21.Alex 22.Jeya Surya 23.Mani 24.Karuppusami Pandian 25.R.Muthu 26.Mudhaiya 27.Rajini 28.Verappan 29.Arul 30.Sendhil 31.Satyamoorthi 32.Marudhamani : Respondents/Respondents PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Learned II Additional Subordinate Court, Trichirappalli to number the unnumbered I.P. in D.No. 585 of 2017 returned on 12.06.2017.

For Petitioner : Mr.T.Vadivelan

COMMON ORDER These Civil Revision petitions are directed against the return of unnumbered insolvency petitions in D.Nos.584 and 585 of 2017 presented before the II Additional Subordinate Judge, Trichirappalli.

2.While returning the said petitions, the learned Trial Judge has pointed out that since the provisions of the Insolvency and Bankruptcy Code, 2016 have come into force on 28.05.2016, there is a bar under Section 179 of the code and hence, any petition for insolvency relating to individual and firms shall be adjudicated only before the Debt Recovery Tribunal and there is no territorial jurisdiction for the Civil Court. In the light of the provisions under Section 179 of the Code, the learned Trial Judge has returned those applications.

3.The learned counsel for the revision petitioners submitted that the said Code though came into force on 28.05.2016, the ouster section is not yet notified.

4. Section 180(1) of the Code reads as under - "180(1) No civil court or authority shall have jurisdiction to entertain any suit or proceedings in respect of any matter on which the Debt Recovery Tribunal or the Debt Recovery Appellate Tribunal has jurisdiction under this Code."

Section 1(3) of the code is reads as under:

" It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint:

Provided that different dates may be appointed for different provisions of this Code and any reference in any such provision to the commencement of this Code shall be construed as a reference to the commencement of that provision."

Therefore, the said petitions, which were presented before the Sub Court, Tiruchirappalli, were returned stating that no jurisdiction for the Civil Court over the subject matter, are not maintainable. Whether Section 180 of the Code notified or not is nowhere been found in the records. Therefore, this Court finds that the revision petitioners have not brought the said fact to the notice of the Sub-Court, Tiruchirappalli.

5.Accordingly, this Court giving liberty to the revision petitioners to re-present the Insolvency petitions, if Section 180 of the Code is not yet notified and the jurisdiction of the Civil Court has not been ousted. If such a re-presentation is made by way of an affidavit, the Trial Court shall entertain the said

Insolvency Petitions, if the same are otherwise, in order. 6.Accordingly, these Civil Revision petitions are disposed of. No costs.

Sd/- Assistant Registrar (Writs) /True copy/ Sub Assistant Registrar To The II Additional Subordinate Court, Tiruchirappalli.

Copy to:

The Section officer, E.R.Section, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.T.Vadivelan,Advocate,SR.61789 C.R.P(PD)(MD)Nos.1184 & 1185 of 2017 22.06.2017 GNS/MRN KK/SKN RSK/SAR2/31.07.2017/7P-4C/