LAWS(MAD)-2021-11-126

ANURAGHA POULTRIES & BREEDERS PRIVATE LIMITED Vs. PADMAVATHI

Decided On November 25, 2021
Anuragha Poultries And Breeders Private Limited Appellant
V/S
PADMAVATHI Respondents

JUDGEMENT

(1.) These three revisions are by the defendants in O.S.Nos.338, 339 and 340 of 2016, challenging the dismissal of their applications under order VII Rule 11 (d) of the CPC seeking rejection of the plaints on the ground that the suits have barred by law.

(2.) The prayer in the Suits is for a declaration that certain Sale deeds, dtd. 5/9/2013, 7/10/2013 and 14/2/2014 under which the properties of the Company were sold to third parties are invalid and not binding on the plaintiffs. The Companies, the majority Directors of the Companies and the alienees are the defendants in the Suits. Parallel proceedings were also launched before the Company Law Board complaining the oppression and mismanagement in C.P. No.171 of 2016.

(3.) Upon constitution of the National Company Law Tribunal, the proceedings were transferred to the National Company Law Tribunal. The National Company Law Tribunal went into the question of oppression and mismanagement and by order dtd. 4/6/2021 granted certain reliefs. It also directed the forensic audit of the Companies Accounts. The Tribunal arrived at a prima facie conclusion that there was oppression and mismanagement.