Madras High Court
CRP/5709/2026 of Manikandan Vs V.Sathishkumar on 10 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-09-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No. 5709 of 2026
Manikandan
..Petitioner(s)
Vs
1. V.Sathishkumar
2. K.Ravi
3. R.Raghu
4. M/s/Sakthi Murugan Cotton Mills
S.F.No.288/B1,
Sivanya Garden,
Near Angalamman Nagar,
Lakkamanaickenpatti,
Vellakogil 638 111.
Kangayam Taluk, Tiruppur District,
Represented by its Managing Director.
5. M/s.Sri Lalithambigai Cotton Mills
S.F.No.120/8-9,
Nallagoundanpalayam,
Cithcode,
Erode 638 102,
Erode Taluk, Erode District,
Represented by its Managing Director.
6. M/s.Sumangali Knits
72, Chettipalayam,
Chettipalayam,
Uthukuli R.S., Uthukuli Taluk,
Tiruppur District,
Represented by its Managing Director.
7. M/s.K.G.N.Cotton Mills
268/3,
Aanaikulimedu,
Kangayam,
Kangayam Taluk,
Tiruppur District.
Represented by its Managing Director.
8. M/s.Rahifa Tex
No.60, Renuga Nagar,
Kanagayam Road,
Semmedu Thottam,
Tiruppur 641 602,
Kangayam Taluk,
Tiruppur District,
Represented by its Managing Director.
9. M/s.Arka Spinning Mills
RSF No.536/1A,
536/3A, 537/2A,
Pachapalayam Village and Panchayat,
Vellakovil,
Olappalayam Post,
Kangayam Taluk,
Tiruppur District,
Represented by its Managing Director.
10.M/s.Valarsakthie Synthetics,
15/77, Veppampalayam,
Uppupalayam Post,
Vellakovil 638 111.
Kangayam Taluk,
Tiruppur District.
Represented by its Managing Director.
11.M/s.Sre Vinayaga Parking solutions
18/303, Ayyanoor Road,
Ramalaingampuram,
Vellakovil,
Kangayam Taluk,
Tiruppur District,
Represented by its Managing Director.
12.M/s.S.A.B.Cotton
85/5 Udhayankadu,
Padiyur,
Kangayam Taluk,
Tiruppur District,
Represented by its Managing Director.
13.M/s.Guban yarns
6/119,
Velapanaickanvalasu,
Senapathipalayam,
Vellakovil,
Kangayam Taluk,
Tiruppur District,
Represented by its Managing Director.
14.M/s.Sri Raja Tax
5/480-2,
Nagammal Kovil Street,
85-R, Komarapalayam Post,
Namakkal 637 403,
Rasipuram Taluk,
Namakkal District,
Represented by its Managing Director.
15.M/s.Raja Tex
11/27, Komarapalayam Road,
Pavadi Street 11,
84-R, Komarapalayam Post,
Namakkal 637 403,
Rasipuram Taluk,
Namakkal District,
Represented by its Managing Director.
16.The Manager
State Bank of India,
16/2A,
Semmandampalayam Road,
Vellakovil 638 111,
Kangayam Taluk,
Tiruppur District.
17.M/s.Svakarma Finance Limited
803 Ludha spremus,
Dr.E.Moses Road Worli,
Mumbai 400 018,
Represented by its Managing Director.
18.M/s.Masfiniancial Service Limited
6 Ground Floor,
Narayan Chambers,
Behind of Patang Hotel,
Ashram Road,
Ahamadabad 3800 009,
represented by its Managing Director.
19.M/s.Kisetsu Saisun Finance India Pvt. Limited No.496/4, 2nd Floor, 10th Cross, Sadashiva Nagar, Bangalore, Karnataka State 560 080.
Represented by its Managing Director.
20.M/s.Poonawalla Fincorp
201 and 202,
IInd Floor,
AP.81,
Koregaon Park Annex,
Mundhwa,
Pune 411 036.
Represented by its Managing Director.
21.M/s.UGRO Capital Limited
Equinox Business Park,
Tower-3, 4th Floor,
LBS Road,
Kurla (West),
Mumbai 400 070.
Represented by its Managing Director.
22.M/s.Kinara Capital Pvt. Limited
NO.50, 2nd Floor,
100 Ft. Road,
HAL, 2nd Stage Indira Nagar,
Bangalore 560 038.
Represented by its Managing Director.
23.M/s.Cholamandalam Investment, Finance Company Limited Dare House, No.2, N.S.C.Boss Road, Parrys, Chennai 600 001.
Represented by its Managing Director.
..Respondent(s)
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order of returning the Insolvency Petition by an order 01.07.2026 made in unnumbered IP.SR. No.454 of 2026 on the file of the Subordinate Court, Kangayam, Tiruppur District and consequently direct the Subordinate court, Kangayam, Tiruppur District and to number the insolvency petition and dispose of the same in accordance with law.
For Petitioner(s):
Mr.V.Regunathan
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ORDER
The petitioner is aggrieved by the repeated returns of the insolvency application filed in I.P.SR.No.454 of 2026 by the learned Subordinate Judge, Kangayam.
2. In the light of the ratio laid down by this Court in Selvaraj and Others v. Koodankulam Nuclear Power Plant India Limited, reported in 2021 (4) CTC 539, I am inclined to set aside the order of return dated 01.07.2026 and direct the learned Subordinate Judge, Kangayam, to list the matter for maintainability and hear the arguments of the counsel for the petitioner in open Court, in line with the principles laid down in the above mentioned case and thereafter, pass orders on the maintainability and subject to the same, issue directions to number I.P.SR.No.454 of 2026. This process shall be completed within a period of two weeks from the date of receipt/production of the copy of this order.
3. The Civil Revision Petition is allowed with the above direction. No costs. The Registry shall return the original application to the counsel for the revision petitioner to enable the petitioner to represent before the Trial Court, within a period of one week from the date of the order copy being uploaded in the website. 10-09-2026 ATA
P.B.BALAJI J. ATA To The Subordinate Court, Kangayam. CRP No. 5709 of 2026 10-09-2026