A.B. CREATIONS Vs. BHAN TEXTILES PVT. LTD.

JUDGEMENT

(1.) The petitioners, who are defendants in the suit instituted by the respondent/plaintiff have preferred this revision under Sec. 115 of the Code of Civil Procedure, 1908 ['CPC'] assailing the impugned order dtd. 14/12/2022 passed by the learned Additional District Judge, 02/South East, Saket Courts, New Delhi 'Learned Trial Court' in the suit bearing no. CS DJ No.11971/2016, whereby its application under Order VII Rule 11 of CPC has been dismissed.

(2.) Shorn of unnecessary details, the respondent/plaintiff has instituted a suit against the petitioners/defendants seeking recovery of ?6,73,740/- under Order XXXVII of the CPC, which has been converted into an ordinary civil suit vide order dtd. 21/12/2016 and it is brought out that when the matter was pending for recording of the evidence of the petitioners/defendants, an application under Order VII Rule 11 of CPC was moved primarily on the ground that the name of the respondent/plaintiff company had been struck off from the Register of Companies in terms of Sec. 248(5) of the Companies Act, 2013 (for short 'the Act') vide notification dtd. 8/8/2018 by the Registrar of Companies, GNCTD 'Government of National Capital Territory of Delhi".

(3.) The plea of the petitioners/defendants in moving the application was that since the respondent/plaintiff-company was a juristic person which has ceased to have such legal and distinct status, it could not pursue the pending civil proceedings against the petitioners/defendants. At this stage, it would be relevant to reproduce the short and crisp order which was passed by the learned trial court which reads as under:-