CHITRADEVI Vs. S.B.T.APPARELS PVT.LTD.

JUDGEMENT

(1.) This revision has been filed seeking to strike off the plaint in O.S.No.97 of 2025 on the file of the Sub-Court, Palladam.

(2.) I have heard Mr.P.Valliappan, learned Senior Counsel for Mr.S.Sithirai Anandan, learned counsel for the petitioners/defendants and Mr.N.Ramakrishnan, learned counsel assisted by Mr.Advaidh Neelakandan for M/s.ARK Associates for the respondent/plaintiff.

(3.) Mr.P.Valliappan, learned Senior Counsel for the petitioners attacks the maintainability of the suit itself while seeking striking off the plaint under Article 227 of Constitution of India. He would first and foremost contend that the suit itself is an abuse of process and when there is remedy available under Sec. 241 of the Companies Act, 2013, the plaintiff would have to only approach the National Company Law Tribunal and the suit filed before the Civil Court is not maintainable. He would further state that the defendants in the suit are majority shareholders and while the plaintiff is having only 15% shares in Palani Andavar Textiles and that the subject property is an ancestral property of the family members of the father of the plaintiff and that even a partition suit is also pending in O.S.No.584 of 2024. He would also state that the respondent/plaintiff and his brother are also sought to be impleaded in the said partition suit and an application in I.A.No.4 of 2024 is also pending in that regard.