High Court · 2025
Case Details
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-03-2025CORAMTHE HONOURABLE MR JUSTICE S. S. SUNDARANDTHE HONOURABLE MR JUSTICE C. SARAVANANWMP Nos. 9381 & 9386 of 2022inW.P. No. 8084 of 2017M/s.Visvas Promoters PrivateW/o.Krishnamoorthi, No.22/6, Vinopaji Nagar, 14th Street, Asthinbapuram, Chennai Appellant(s) VsK.RamamurthyS/o.M.Krishnamurthy, No.13/17 South Boag Road, T. Nagar, Chennai and 35 Others Respondent(s) WMP NO. 9386 of 2022M/s.Visvas Promoters PrivateW/o.Krishnamoorthi, No.22/6, Vinopaji Nagar, 14th Street, Asthinbapuram, Chennai Appellant(s) VsK.RamamurthyS/o.M.Krishnamurthy, No.13/17 South Boag Road, T. Nagar, Chennai and 35 Others Respondent(s) For Petitioner in both WMPs::Mr.T.Mohan,Senior Counsel forMr. Abinau ParthsarathyFor Respondents in both WMPs::Mr.M.S. Krishnan,Senior Counsel &1\7 https://www.mhc.tn.gov.in/judis Mr.C. Manishankar,Senior Counsel assisted byMr.B. Dinesh forAdministrator CommitteeORDER(Made by S.S.SUNDAR,J)W.M.P. No. 9381 of 2022 has been filed to pass an order of interim injunction restraining the Administrator Committee from insisting upon the registration of the Sale Certificate dated 11.02.2022 on the file of the Sub Registrar, Madurai North, Joint I, pending disposal of the above writ petition and W.M.P. No. 9386 of 2022 has been filed to issue an interim direction directing the Administrator Committee to amend the Sale Certificate dated 11.02.2022, to substitute UDR S.No. 71/2A2 instead of UDR S.No. 71/2A, pending disposal of the above writ petition.2.The petitioner is a stranger to the litigation. Pursuant to the sale of certain assets as directed by this Court, a sale certificate was issued to one Balaji Vidyapeeth, who was the successful bidder. The grievance of the petitioner is that one of the properties that is referred to in the sale certificate does not belong to the company. It is submitted that the vendor of the petitioner had sold the property in favour of the petitioner vide sale deed dated 11.05.2007, obtained by her by way of exchange, by giving up the land owned by her. This exchange of land is supported by registered document. Since the property which has been purchased by the 2\7 https://www.mhc.tn.gov.in/judis petitioner is not the one that belongs to Visalakshi Mills Limited, it is contended that the Sale Certificate dated 11.02.2022 should be appropriately amended to substitute UDR S.No. 71/2A2 instead of UDR S.No. 71/2A. 3.A memo dated 17.03.2025 has been filed by the Administrator Committee explaining the stand of the Committee with regard to the relief sought in W.M.P. No. 9386 of 2022.4.The learned counsel for the Auction purchaser has also expressed no objection as his client does not get ownership over the property. 5.Considering the submissions of parties, this Court finds that there is substance in the contention of the petitioner and therefore, W.M.P. No. 9386 of 2022 is ordered and a direction is issued to the Administrator Committee to amend the Sale Certificate dated 11.02.2022, suitably so as to substitute UDR S.No. 71/2A2 instead of UDR S.No. 71/2A, i.e., excluding the property puchased by the petitioner.6.In view of the direction issued in W.M.P. No. 9386 of 2022, the petition in W.M.P. No. 9381 of 2022 seeking interim injunction is unnecesary and the same stands closed.3\7 https://www.mhc.tn.gov.in/judis S.S. SUNDAR,J.ANDC. SARAVANAN,J nv7.Learned Senior counsel appearing for the petitioner would submit that in view of the order passed by this Court in the above interim applications, the name of the petitioner herein may be deleted from the array of parties in the main writ petition. 8. The request of the learned Senior counsel for the petitioner cannot be acceded to. However, taking note of the fact that the petitioner is not interested in any other issue and that the petitioner is not concerned with any other dispute involved in these proceedings, it is made clear that no order passed hitherto will affect the right of the petitioner as the petitioner is not going to be heard in other cases.(S.S.S.R.J.) (C.S.N.J.)nv 17.03.2025 2/3WMP Nos. 9381 & 9386 of 2022in4\7 https://www.mhc.tn.gov.in/judis W.P. No. 8084 of 2017To1. K.RamamurthyS/o.M.Krishnamurthy, No.13/17 South Boag Road, T. Nagar, Chennai2. V.NagammalW/o.Veerabathiran, No.60/48, Sathiyamoorthy Nagar, Nanthanam, Chennai3. A.RoseMaryW/o.S.Arockiagunaseelan, No.3/90, Sathiya Nagar, Ramapuram Road, Chennai4. R.ShanthiW/o.R.Rajendran, No.28, S.M.Nagar, E Block, Nandanam, Chennai5. S.PadhmaW/o.R.Sadasivam, No.33, Near E Block, S.M.Nagar, Nandhanam, Chennai6. R.SaraswathiW/o.A.G.Ramalingam, No.8/14, Savuth Pook Road, T.Nagar, Chennai7. H.SujathaW/o.V.Harikrishnan, No.7/24, South Boad Road, T.Nagar, Chennai8. D.SelviW/o.Dhanaraj, No.5/59, North Pillaiyar Koil Street, Ilango Nagar, Kottivakkam, Chennai9. V.AnithaD/o.N.Theenathayalan, No.13/26, South Book Road, T.Nagar, Chennai10. M.AlameluW/o.P.Mani, NO.56/16, S.M.Nagar, Nanthanam, chennai11. M.ParasuramanS/o.C.Marimuthu, No.60/33, Sathiyamoorthy Nagar, Nanthanam, Chennai12. P.N.DevarajS/o.Prabakaran, No.25/12, Ramalinga Eswar Kovil Street, Thenampettai, Chennai5\7 https://www.mhc.tn.gov.in/judis
13. B.MuruganS/o.B.Lakshmi, at No.6/505, Kalaingar Nagar, 7th Street, Perumbakkam, Chennai14. I.TamilarasiW/o.K.S.Iyappan, No.6/502, 7th Street, Perumabakkam, Chennai15. R.PanjavarnamW/o.Ramasamy, at No.3/865, Kulakarai Street, Medavakkam, chennai16. Sasikala.S.W/o.Sekar, No.3/862, Kulakarai Street, Medavakkam, chennai17. R.SathyaW/o.K.Ramamoorthy, No.13/17, South Boag Road, T.Nagar, Chennai18. V.ThilagavathyW/o.V.Vinayagam, No.33, 7th Block, T.Nagar, Chennai19. K.GunasundhariW/o.Krishnamoorthi, No.22/6, Vinopaji Nagar, 14th Street, Asthinbapuram, Chennai20. K.Pushpaall the above 1 to 20 are rep. by Power Agent Mrs.K.Jayanthi, No.133, Palla Street, Therakkoil Vill., Sathapoondi Post, Thiruvannamalai21. Mrs.K.JayanthiW/o.V.Krishnamoorthy, No.133, Palla Street, Therakkoil Vill., Sathapoondi Post, Vandavasi Taluk, Thiruvannamalai22. The Securities Exchange Boardof India, Southern Regional Office at Overseas Towers, 7th Floor, No.756-L, Anna Salai, Chennai-223. The Inspector General OfRegistration, No.100, Santhome High Road, Pattinapakkam, Chennai-2824. The Inspector Of PoliceE.O.W.II Viswanathapuram, Madurai 625 10425. Disc Assets Lead India Ltd.,rep. by its Managing Director Mr.V.Janarthanan, reg. Office at Old D.No.59/1 (New No.119) Canal Bank Road, CIT Nagar, Chennai-3526. M/s.M.V.T.Anthonasami(m/46)The Secretary, Disc Asset Lead India Ltd, Investors Welfare Association, No.1-64-1, 6\7 https://www.mhc.tn.gov.in/judis Main Road, Viswanathapuram, Shencottai, Tirunelveli District.27. M/s.V.Janardhanan,S/o.A.Vivekanandham, No.19, Nesavalar Colon, 2nd Street, Krishnapuram Colony, Madurai.28. M/s.N.Arun,S/o.D.Nithyanandham, D-3, Seethe Apartment, Old Nandham Road, Madurai.29. C.Srinivasan,S/o.Cidhambaram, No.13, Avvaiyaar Street, Narimedu, Madurai.30. M/s.M.N.Umashanker,S/o.Nithyanandham, C-3, Seetha Apartment, 2a, Old Natham Road, B.B.Kulam, Madurai-625 002.31. M/s.S.Jeevalatha,2/1039, Prararthana, Manoranjitham Street, Ezhil Nagar, Iyar Bungalow, Madurai-14.32. M/s.T.Shyam Chander20 F, Gokhalae Road, Chinnachokkikulam, Madurai.33. Handiman Services Limited,Having Its Branch Office At F4, Sg, Vaibogam Apartments, No.33/77, South Sivan Koil Street, Vadapalani, Chennai-026.34. The Registrar Of Companies,Southern Region, Office at Block No.6, B Wing, 2nd Floor, Shastri Bhawan, No.26, Haddows Road,Chennai-034.35. Directorate Of Enforcement,REP. BY THE JOINT DIRECTORATE OF ENFORCEMENT (SOUTHERN REGION). 2nd AND 3rd FLOORS, NO.84, GREAMS ROAD, THOUSAND LIGHTS, CHENNAI-600006.36. M/s.Dal Provision Lead India Limited,Rep by its Managing Director D.V. Shreedhar, Flat 3-A, 1st Floor, Alankar Apartments, Door No.25,Raja Bather Street, T.Nagar, Chennai- 600 017.7\7
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-03-2025CORAMTHE HONOURABLE MR JUSTICE S. S. SUNDARANDTHE HONOURABLE MR JUSTICE C. SARAVANANWMP Nos. 9381 & 9386 of 2022inW.P. No. 8084 of 2017M/s.Visvas Promoters PrivateW/o.Krishnamoorthi, No.22/6, Vinopaji Nagar, 14th Street, Asthinbapuram, Chennai Appellant(s) VsK.RamamurthyS/o.M.Krishnamurthy, No.13/17 South Boag Road, T. Nagar, Chennai and 35 Others Respondent(s) WMP NO. 9386 of 2022M/s.Visvas Promoters PrivateW/o.Krishnamoorthi, No.22/6, Vinopaji Nagar, 14th Street, Asthinbapuram, Chennai Appellant(s) VsK.RamamurthyS/o.M.Krishnamurthy, No.13/17 South Boag Road, T. Nagar, Chennai and 35 Others Respondent(s) For Petitioner in both WMPs::Mr.T.Mohan,Senior Counsel forMr. Abinau ParthsarathyFor Respondents in both WMPs::Mr.M.S. Krishnan,Senior Counsel &1\7 https://www.mhc.tn.gov.in/judis Mr.C. Manishankar,Senior Counsel assisted byMr.B. Dinesh forAdministrator CommitteeORDER(Made by S.S.SUNDAR,J)W.M.P. No. 9381 of 2022 has been filed to pass an order of interim injunction restraining the Administrator Committee from insisting upon the registration of the Sale Certificate dated 11.02.2022 on the file of the Sub Registrar, Madurai North, Joint I, pending disposal of the above writ petition and W.M.P. No. 9386 of 2022 has been filed to issue an interim direction directing the Administrator Committee to amend the Sale Certificate dated 11.02.2022, to substitute UDR S.No. 71/2A2 instead of UDR S.No. 71/2A, pending disposal of the above writ petition.2.The petitioner is a stranger to the litigation. Pursuant to the sale of certain assets as directed by this Court, a sale certificate was issued to one Balaji Vidyapeeth, who was the successful bidder. The grievance of the petitioner is that one of the properties that is referred to in the sale certificate does not belong to the company. It is submitted that the vendor of the petitioner had sold the property in favour of the petitioner vide sale deed dated 11.05.2007, obtained by her by way of exchange, by giving up the land owned by her. This exchange of land is supported by registered document. Since the property which has been purchased by the 2\7 https://www.mhc.tn.gov.in/judis petitioner is not the one that belongs to Visalakshi Mills Limited, it is contended that the Sale Certificate dated 11.02.2022 should be appropriately amended to substitute UDR S.No. 71/2A2 instead of UDR S.No. 71/2A. 3.A memo dated 17.03.2025 has been filed by the Administrator Committee explaining the stand of the Committee with regard to the relief sought in W.M.P. No. 9386 of 2022.4.The learned counsel for the Auction purchaser has also expressed no objection as his client does not get ownership over the property. 5.Considering the submissions of parties, this Court finds that there is substance in the contention of the petitioner and therefore, W.M.P. No. 9386 of 2022 is ordered and a direction is issued to the Administrator Committee to amend the Sale Certificate dated 11.02.2022, suitably so as to substitute UDR S.No. 71/2A2 instead of UDR S.No. 71/2A, i.e., excluding the property puchased by the petitioner.6.In view of the direction issued in W.M.P. No. 9386 of 2022, the petition in W.M.P. No. 9381 of 2022 seeking interim injunction is unnecesary and the same stands closed.3\7 https://www.mhc.tn.gov.in/judis S.S. SUNDAR,J.ANDC. SARAVANAN,J nv7.Learned Senior counsel appearing for the petitioner would submit that in view of the order passed by this Court in the above interim applications, the name of the petitioner herein may be deleted from the array of parties in the main writ petition. 8. The request of the learned Senior counsel for the petitioner cannot be acceded to. However, taking note of the fact that the petitioner is not interested in any other issue and that the petitioner is not concerned with any other dispute involved in these proceedings, it is made clear that no order passed hitherto will affect the right of the petitioner as the petitioner is not going to be heard in other cases.(S.S.S.R.J.) (C.S.N.J.)nv 17.03.2025 2/3WMP Nos. 9381 & 9386 of 2022in4\7 https://www.mhc.tn.gov.in/judis W.P. No. 8084 of 2017To1. K.RamamurthyS/o.M.Krishnamurthy, No.13/17 South Boag Road, T. Nagar, Chennai2. V.NagammalW/o.Veerabathiran, No.60/48, Sathiyamoorthy Nagar, Nanthanam, Chennai3. A.RoseMaryW/o.S.Arockiagunaseelan, No.3/90, Sathiya Nagar, Ramapuram Road, Chennai4. R.ShanthiW/o.R.Rajendran, No.28, S.M.Nagar, E Block, Nandanam, Chennai5. S.PadhmaW/o.R.Sadasivam, No.33, Near E Block, S.M.Nagar, Nandhanam, Chennai6. R.SaraswathiW/o.A.G.Ramalingam, No.8/14, Savuth Pook Road, T.Nagar, Chennai7. H.SujathaW/o.V.Harikrishnan, No.7/24, South Boad Road, T.Nagar, Chennai8. D.SelviW/o.Dhanaraj, No.5/59, North Pillaiyar Koil Street, Ilango Nagar, Kottivakkam, Chennai9. V.AnithaD/o.N.Theenathayalan, No.13/26, South Book Road, T.Nagar, Chennai10. M.AlameluW/o.P.Mani, NO.56/16, S.M.Nagar, Nanthanam, chennai11. M.ParasuramanS/o.C.Marimuthu, No.60/33, Sathiyamoorthy Nagar, Nanthanam, Chennai12. P.N.DevarajS/o.Prabakaran, No.25/12, Ramalinga Eswar Kovil Street, Thenampettai, Chennai5\7 https://www.mhc.tn.gov.in/judis
13. B.MuruganS/o.B.Lakshmi, at No.6/505, Kalaingar Nagar, 7th Street, Perumbakkam, Chennai14. I.TamilarasiW/o.K.S.Iyappan, No.6/502, 7th Street, Perumabakkam, Chennai15. R.PanjavarnamW/o.Ramasamy, at No.3/865, Kulakarai Street, Medavakkam, chennai16. Sasikala.S.W/o.Sekar, No.3/862, Kulakarai Street, Medavakkam, chennai17. R.SathyaW/o.K.Ramamoorthy, No.13/17, South Boag Road, T.Nagar, Chennai18. V.ThilagavathyW/o.V.Vinayagam, No.33, 7th Block, T.Nagar, Chennai19. K.GunasundhariW/o.Krishnamoorthi, No.22/6, Vinopaji Nagar, 14th Street, Asthinbapuram, Chennai20. K.Pushpaall the above 1 to 20 are rep. by Power Agent Mrs.K.Jayanthi, No.133, Palla Street, Therakkoil Vill., Sathapoondi Post, Thiruvannamalai21. Mrs.K.JayanthiW/o.V.Krishnamoorthy, No.133, Palla Street, Therakkoil Vill., Sathapoondi Post, Vandavasi Taluk, Thiruvannamalai22. The Securities Exchange Boardof India, Southern Regional Office at Overseas Towers, 7th Floor, No.756-L, Anna Salai, Chennai-223. The Inspector General OfRegistration, No.100, Santhome High Road, Pattinapakkam, Chennai-2824. The Inspector Of PoliceE.O.W.II Viswanathapuram, Madurai 625 10425. Disc Assets Lead India Ltd.,rep. by its Managing Director Mr.V.Janarthanan, reg. Office at Old D.No.59/1 (New No.119) Canal Bank Road, CIT Nagar, Chennai-3526. M/s.M.V.T.Anthonasami(m/46)The Secretary, Disc Asset Lead India Ltd, Investors Welfare Association, No.1-64-1, 6\7 https://www.mhc.tn.gov.in/judis Main Road, Viswanathapuram, Shencottai, Tirunelveli District.27. M/s.V.Janardhanan,S/o.A.Vivekanandham, No.19, Nesavalar Colon, 2nd Street, Krishnapuram Colony, Madurai.28. M/s.N.Arun,S/o.D.Nithyanandham, D-3, Seethe Apartment, Old Nandham Road, Madurai.29. C.Srinivasan,S/o.Cidhambaram, No.13, Avvaiyaar Street, Narimedu, Madurai.30. M/s.M.N.Umashanker,S/o.Nithyanandham, C-3, Seetha Apartment, 2a, Old Natham Road, B.B.Kulam, Madurai-625 002.31. M/s.S.Jeevalatha,2/1039, Prararthana, Manoranjitham Street, Ezhil Nagar, Iyar Bungalow, Madurai-14.32. M/s.T.Shyam Chander20 F, Gokhalae Road, Chinnachokkikulam, Madurai.33. Handiman Services Limited,Having Its Branch Office At F4, Sg, Vaibogam Apartments, No.33/77, South Sivan Koil Street, Vadapalani, Chennai-026.34. The Registrar Of Companies,Southern Region, Office at Block No.6, B Wing, 2nd Floor, Shastri Bhawan, No.26, Haddows Road,Chennai-034.35. Directorate Of Enforcement,REP. BY THE JOINT DIRECTORATE OF ENFORCEMENT (SOUTHERN REGION). 2nd AND 3rd FLOORS, NO.84, GREAMS ROAD, THOUSAND LIGHTS, CHENNAI-600006.36. M/s.Dal Provision Lead India Limited,Rep by its Managing Director D.V. Shreedhar, Flat 3-A, 1st Floor, Alankar Apartments, Door No.25,Raja Bather Street, T.Nagar, Chennai- 600 017.7\7