KENNIGTON INDUSTRIES PVT. LTD. Vs. SPADS TEXTILES LTD.

JUDGEMENT

(1.) This revision petition is filed under Article 227 of the Constitution of India against the ad interim ex parte order, dtd. 21/4/2023, in I.A.No.40 of 2023 in O.S.No.54 of 2023 on the file of the Court of the Additional Junior Civil Judge, Jaggaiahpet, filed by the respondent herein/plaintiff under Order XXXIX, rules 1 and 2 CPC, Ss. 75, 94 and 151 CPC to grant interim injunction restraining the respondents/defendants/revision petitioners herein, their men etc., from interfering with the plaintiff's peaceful possession and enjoyment of the plaint schedule property to an extent of Ac.3.82 cents in R.S.No.87 with 25 staff quarters therein or by alienating the Western side factory lying in an extent of Ac.13.29 cents in R.S.No.86 situated at Ravikampadu village, Jaggaiahpet mandal, by lifting the machinery, stock in trade etc., therefrom until the division of entire property of Ac.17.11 cents is affected by metes and bounds and in any manner whatsoever.

(2.) This revision petition was filed mainly contending that the plaintiff is no longer a legal entity as it stood dissolved by the National Company Law Tribunal, Hyderabad Bench, Hyderabad ('NCLT') vide its order, dtd. 31/3/2023, with immediate effect and as such, the suit which was filed on 20/4/2023, is not maintainable in view of the prohibition under Sec. 33(5) and 63 of the Insolvency and Bankruptcy Code, 2016 ('IBC').

(3.) ***