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2022 DAILYLAW 4052 (MAD)

Shri Dhanalakshmi Spinntex Pvt Ltd., Rep.by its Authorised Signatory, R.Ramkumar, v. The Official Liquidator

COMP.A/384/2022 · 2026-04-10

Senthilkumar Ramamoorthy

Transfer Petitionbody2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Comp.A.Nos.384 & 385 of 2022 and 79, 80, 413 to 422 of 2023 in C.P.No.57 of 1998 __________ Page1 of 10 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-04-2026 CORAM THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY Comp.A.Nos.384 & 385 of 2022 and 79, 80, 413 to 422 of 2023 in C.P.No.57 of 1998 Comp.A.Nos.384 & 385 of 2022 M/s.Shri Dhanalakshmi Spinntex Pvt. Ltd., Rep. by its Authorised Signatory R.Ramkumar, S.F.No.226/3, NH 47, Avinashi Road, Karumathampatti- 641 659, Coimbatore District. ..Applicant Comp.A.Nos.79 & 80 of 2023 1. Rajesh Paramasivam S/o. Paramasivam, 2. S.Sai Sukanya, W/o Rajesh, (Applicants 1 & 2 are residing at No.1/679, C1 Sabari Villa, 1st Cross Street, 3rd Main Road, Sabari Nagar Extension, Mugalivakkam, Chennai-600 125. 3. K.Devaraj, S/o Kathamuthu, ACTS Secondary School, 15th KM Hosur Road, Beratena Agrahara, Bengalure, Karnataka- 560 100. https://www.mhc.tn.gov.in/judis Comp.A.Nos.384 & 385 of 2022 and 79, 80, 413 to 422 of 2023 in C.P.No.57 of 1998 __________ Page2 of 10 4. Balakrishnan, S/o. Kathamuthu, D.No.45, Doreen Hennur Road, 2nd Cross Lingarajapuram, Near Sundar Hospital, North St.Thomas Town, Bangalore, Karnataka- 5600 84. 5. Fredric Kodeeswaran, S/o. Kathamuthu, No.2403 LIG 2 Phase 1, Gandhimanagar, Peelamedu, Coimbatore-641 004. 6. R.Manohari, W/o. Late Rajarathinam, 7. Devika D/o Rajarathinam, 8. Punniyaraj S/o Rajarathinam, 9. Rajendran, S/o Rajarathinam, (Applicants 6 to 9 are residing at 414/4, C.R.Colony, Karadikulam, Kovilpatti Taluk, Tuticorin District- 628 552. ..Applicants Comp.A.Nos.413 & 414 of 2023 1. Murugan, S/o.Arumugam, 2. Ramalakshmi, W/o. Murugan, 3. Rasukutti, S/o. Murugan, (Applicants 1 to 3 are residing at No.4/81, Colony Veppankulam, Pazhankottai, Thiruvenkadam Taluk, Thenkasi District. ..Applicants https://www.mhc.tn.gov.in/judis Comp.A.Nos.384 & 385 of 2022 and 79, 80, 413 to 422 of 2023 in C.P.No.57 of 1998 __________ Page3 of 10 Comp.A.Nos.415 & 416 of 2023 B. Radhakrishnan, S/o.Balakrishnan, No.78, Anna New Street, Kalugumalai(Post)-628552, Kovilpatti (Taluk), Tuticorin District. ..Applicant Comp.A.Nos.417 & 418 of 2023 P.Mariraj S/o.Poolaiyakonar, No.2/37, Mela Theru, Palangottai Village, Thiruvenkadam Taluk, Tenkasi District-628 552. ..Applicant Comp.A.Nos.419 & 420 of 2023 R.Senthilkumar S/o.S.Rajashekaran, No.1/15 C, West Street, Pazhankotai, Thiruvengadam Taluk, Tenkasi District. ..Applicant Comp.A.Nos.421 & 422 of 2023 N.Jagadeesh S/o.Narayanasamy, D.No.1/77, North Street, K.Alankulam, Thiruvenkadam Taluk, Thenkasi District. ..Applicant Vs 1. The Official Liquidator, High Court, Madras As a Liquidator of M/s. Maxworth Orchards (India) Limited, Corporate Bhavan, 2nd Floor, No.29, Rajaji Salai, Chennai-600 001. 2. Mrs. D.Nagasaila, Administrator, M/s. Maxworth Orchards (India) Ltd., Old No.38/1, New No.14/1, Akbarabad 2nd Street, Kodambakkam, Chennai 600 024. https://www.mhc.tn.gov.in/judis Comp.A.Nos.384 & 385 of 2022 and 79, 80, 413 to 422 of 2023 in C.P.No.57 of 1998 __________ Page4 of 10 3. S.Vellapandi, S/o. Subbaiya Thevar, No.64V, South Street, Vadakku Ilanthai Kulam, Kayathar, Tuticorin District. ..Respondents Prayer in Comp.A.No.384 of 2022 : Application is filed under Order XIV Rule 8 of the O.S.Rules Read With Rules 9, 11(b) of the Companies Court Rules, 1956, to grant ad interim injunction restraining the respondents, men, agents or anybody claiming under them from interfering with the peaceful possession, enjoyment, running of the windmills in the applicant’s property measuring an extent of 2 Acres in S.F.No.150/3 of Karadikulam Village, Kayathar Taluk, Tuticorin District. Prayer in Comp.A.No.385 of 2022 : Application is filed under Order XIV Rule 8 of the O.S.Rules Read With Rules 9, 11(b) of the Companies Court Rules, 1956, to set aside the Sale Certificate dated 20.05.2022 issued to 3rd respondent by recalling the orders of this Hon’ble Court dated 07.04.2022 confirmation of sale of 3rd respondent in the auction conducted on 11.01.2022 passed in C.A.No.297 of 2021 in CP.No.57 of 1998 insofar as the applicant’s property measuring an extent of 2 Acres situated in S.F.No.150/3 of Karadikulam Village, Kayathar Taluk, Tuticorin District. Prayer in Comp.A.No.79 of 2023 : Application is filed under Order XIV Rule 8 of the O.S.Rules Read With Rules 9, 11(b) of the Companies Court Rules, 1956, to grant an order of ad-interim injunction restraining the respondents specifically 3rd respondent, men, agents or anybody claiming under them from interfering with the peaceful possession, enjoyment of the agricultural property https://www.mhc.tn.gov.in/judis Comp.A.Nos.384 & 385 of 2022 and 79, 80, 413 to 422 of 2023 in C.P.No.57 of 1998 __________ Page5 of 10 measuring an extent of 2.83 acres along with well in S.F.Nos.160/1, 160/2A, 160/2B, 163/1B, Karadikulam Village, Kayathar Taluk, Tuticorin District. Prayer in Comp.A.No.80 of 2023 : Application is filed under Order XIV Rule 8 of the O.S.Rules Read With Rules 9, 11(b) of the Companies Court Rules, 1956 to set aside the Sale Certificate dated 24.05.2022 issued to 3rd respondent by recalling the Orders of this Hon’ble Court dated 07.04.2022 confirmation of sale of 3rd respondent in the auction conducted on 11.01.2022 passed in CA.No.297/2021 in CP.No.57/1998, in so far as the applicant’s property measuring an extent of 2.83 Acres along with well in S.F.Nos.160/1, 160/2A, 160/2B, 163/1, Karadikulam Village, Kayathar, Taluk, Tuticorin District. Prayer in Comp.A.No.413 of 2023 : Application is filed under Order XIV Rule 8 of the O.S.Rules Read With Rules 9, 11(b) of the Companies Court Rules, 1956 to grant an order of injunction restraining the respondents specifically 3rd respondent men, agents or anybody claiming under them from interfering with the peaceful possession, enjoyment of the applicants’ properties measuring an extent of 3.12 Acres in S.F.No.157/1 and 1.63 Acres in S.F.No.157/5 Karadikulam Village, Kayathar Taluk, Tuticorin District, are concerned. Prayer in Comp.A.No.414 of 2023 : Application is filed under Order XIV Rule 8 of the O.S.Rules Read With Rules 9, 11(b) of the Companies Court Rules, 1956 to set aside the Sale Certificate dated 24.05.2022 issued to 3rd respondent, and registered on 20.06.2022 as Doc. No.2012 of 2022, SRO, Kalugumalai, by recalling the orders of this Hon’ble Court dated 07.04.2022 confirmation of sale of 3rd respondent in the auction conducted on 11.01.2022 passed in C.A.No.297/2021 in C.P.No.57/1998, in so far as my properties measuring an https://www.mhc.tn.gov.in/judis Comp.A.Nos.384 & 385 of 2022 and 79, 80, 413 to 422 of 2023 in C.P.No.57 of 1998 __________ Page6 of 10 extent of 3.12 Acres in S.F.No.157/1 and 1.63 Acres in S.F.No.157/5 Karadikulam Village, Kayathar Taluk, Tuticorin District. Prayer in Comp.A.No.415 of 2023 : Application is filed under Order XIV Rule 8 of the O.S.Rules Read With Rules 9, 11(b) of the Companies Court Rules, 1956 to grant an order of injunction restraining the respondents specifically 3rd respondent his men, agents or anybody claiming under them from interfering with the peaceful possession, enjoyment of the applicant’s property measuring an extent of 0.90 Acres in S.F.No.150/3 and 3.06 Acres in S.F.No.150/4, Karadikulam village, Kayathar Taluk, Thoothukudi District, are concerned. Prayer in Comp.A.No.416 of 2023 : Application is filed under Order XIV Rule 8 of the O.S.Rules Read With Rules 9, 11(b) of the Companies Court Rules, 1956 to set aside the Sale certificate dated 24.05.2022 issued to 3rd respondent, and registered on 20.06.2022 as Doc No.2012 of 2022 SRO, Kalugumalai, by recalling the orders of this Hon’ble Court dated 07.04.2022 confirming the sale of 3rd respondent in the auction conducted on 11.01.2022, passed in C.A.No.297/2021 in C.P.No.57/1998 insofar as Applicants’ properties measuring an extent of 0.90 Acres in S.F.No.150/3 and 3.06 Acres in S.F.No.150/4 Karadikulam Village, Kayathar Taluk, Thoothukudi District, are concerned. Prayer in Comp.A.No.417 of 2023 : Application is filed under Order XIV Rule 8 of the O.S.Rules Read With Rules 9, 11(b) of the Companies Court Rules, 1956, to grant an order of injunction restraining the respondents specifically 3rd respondent men, agents or anybody claiming under them from interfering with the peaceful possession, enjoyment of the applicant’s properties measuring an extent of 3 Acres 4.5 cents in S.F.No.156/1 along with irrigation right in well in https://www.mhc.tn.gov.in/judis Comp.A.Nos.384 & 385 of 2022 and 79, 80, 413 to 422 of 2023 in C.P.No.57 of 1998 __________ Page7 of 10 S.F.No.156/2 and 1.03 Acres in S.F.No.156/2, 62 cents along with irrigation right in well in S.F.No.156/3 and 1.96 Acres in S.F.No.157/2, Karadikulam Village, Kayathar Taluk, Tuticorin District, are concerned. Prayer in Comp.A.No.418 of 2023 : Application is filed under Order XIV Rule 8 of the O.S.Rules Read With Rules 9, 11(b) of the Companies Court Rules, 1956, to set aside the Sale Certificate dated 24.05.2022 issued to 3rd respondent, and registered on 20.06.2022 as Doc.No.2012 of 2022, SRO, Kalugumalai, by recalling the orders of this Hon’ble Court, dated 07.04.2022 confirming the sale of 3rd respondent in the auction conducted on 11.01.2022, passed in C.A.No.297/2021 in C.P.No57/1998, in so far as the applicant’s properties measuring an extent of 3 Acres 4.5 Cents in S.F.No.156/1 along with irrigation right in well in S.F.No.156/2, and 1.03 Acres in S.F.No.156/2, 62 cents along with irrigation right in Well in S.F.No.156/3 and 1.96 Acres in S.F.No.157/2, Karadikulam village, Kayathar taluk, Tuticorin District are concerned. Prayer in Comp.A.No.419 of 2023 : Application is filed under Order XIV Rule 8 of the O.S.Rules Read With Rules 9, 11(b) of the Companies Court Rules, 1956, to set aside the Sale Certificate dated 24.05.2022 issued to 3rd respondent and registered on 20.06.2022 as Doc.No.2012 of 2022 SRO, Kalugumalai by recalling the orders of this Hon’ble Court dated 07.04.2022 confirming the sale of 3rd respondent in the auction conducted on 11.01.2022 passed in C.A.No.297/2021 in C.P.No.57/1998, in so far as applicants’ properties measuring an extent of 0.59 Acres and 0.99 Acres totally 1.58 Acres in S.F.No.162/2A, situated in Karadikulam Village, Kayathar Taluk, Tuticorin District. https://www.mhc.tn.gov.in/judis Comp.A.Nos.384 & 385 of 2022 and 79, 80, 413 to 422 of 2023 in C.P.No.57 of 1998 __________ Page8 of 10 Prayer in Comp.A.No.420 of 2023 : Application is filed under Order XIV Rule 8 of the O.S.Rules Read With Rules 9, 11(b) of the Companies Court Rules, 1956, to grant an order of injunction restraining the respondents specifically 3rd respondent his men, agents or anybody claiming under them from interfering with the peaceful possession, enjoyment of the applicants’ property measuring an extent of 0.59 Acres and 0.99 Acres, totally 1.58 Acres in S.F.No.162/2A, Karadikulam village, Kayathar Taluk, Thoothukudi District, are concerned. Prayer in Comp.A.No.421 of 2023 : Application is filed under Order XIV Rule 8 of the O.S.Rules Read With Rules 9, 11(b) of the Companies Court Rules, 1956, to set aside the sale certificate dated 24.05.2022 issued to 3rd respondent, and registered on 20.06.2022 as Doc. No.2012 of 2022, SRO, Kalugumalai, by recalling the orders of this Hon’ble Court, dated 07.04.2022 confirming the sale of 3rd respondent in the auction conducted on 11.01.2022, passed in C.A.No.297/2021 in C.P.No.57/1998, insofar as the applicant’s properties measuring an extent 1.50 acres in S.F.No.260/4 (subdivision S.F.No.260/4A) Pazhankottai Village, Thiruvenkadam Taluk, Thenkasi District are concerned. Prayer in Comp.A.No.422 of 2023 : Application is filed under Order XIV Rule 8 of the O.S.Rules Read With Rules 9, 11(b) of the Companies Court Rules, 1956, to grant an order of injunction restraining the respondents specifically 3rd respondent his men, agents or anybody claiming under them from interfering with the peaceful possession, enjoyment of the applicant’s property measuring an extent of 1.50 Acres in S.F.No.260/4 (Subdivision S.F.No.260/4A) Pazhankottai Village, Thiruvenkadam Taluk, Thenkasi District are concerned. https://www.mhc.tn.gov.in/judis Comp.A.Nos.384 & 385 of 2022 and 79, 80, 413 to 422 of 2023 in C.P.No.57 of 1998 __________ Page9 of 10 In all applications: For Applicants: Mr. S.Ranjith Kumaran for Mr. R.Prabakar For R1 : Mr.Pola Raghunath, Official Liquidator For R2 : Mr. H.Karthik Seshadri, assisted by Mrs.D.Nagasaila Suresh, Administrator COMMON ORDER In all these matters, a reference was made to the Mediation Centre. The Mediation Centre has submitted a report enclosing the settlement agreements. As per the settlement agreements, the auction purchasers have executed sale deeds in favour of the applicants/rival claimants. Taking note of the same, all these applications are dismissed as settled out of Court without any order as to costs. 10-04-2026 Index : Yes/No (1/2) Internet : Yes/No Neutral Citation : Yes/No kj https://www.mhc.tn.gov.in/judis Comp.A.Nos.384 & 385 of 2022 and 79, 80, 413 to 422 of 2023 in C.P.No.57 of 1998 __________ Page10 of 10 SENTHILKUMAR RAMAMOORTHY J. KJ Comp.A.Nos.384 & 385 of 2022 and 79, 80, 413 to 422 of 2023 in C.P.No.57 of 1998 10-04-2026 (1/2) https://www.mhc.tn.gov.in/judis