Shibu John vs Transmarine Services India P. Ltd

4. Transmarine Cargo Services P. Ltd. 7B, Raintree place, McNicolas road, Chetpet, Chennai 600031 ...Appellants V 1. Transmarine Services India P. Ltd. 809, Ega Trade Centre, 9A, 9th Floor, Poonamlee High Road, Kilpauk, Chennai 600010

2. Sherry Jose 3B, Gee Gee Victoria,No. 1 Mayor Chitti Babu Street, Chetpet, Chennai 600031

3. Jose Varghese, 3B, gee Gee Victoria, No.1 Mayor Chitti Babu Street, Chetpet, Chennai, 600031

4. Nandakumar Narayanan, 1A, Fern Aristocrat Marudu P.O., Kannadikadu, Cochin- 682304

Comp App (AT) (CH) No.02/2022 Page 1 of 3 5. Sreevidya Nandakumar, 1A Fern Aristocrat Marudu P.Ο., Kannadikadu Cochin-682304 ...Respondents Present : For Appellants : Mr. Kalyan Jhabakh, Advocate Ms. Chinna Abraham, Advocate For Respondents : Mr. N.P. Vijayakumar & R. Pradeep, Advocates for R2 & R3

ORDER

(Hybrid Mode) 23.10.2024:

The appellants have preferred this company appeal, putting a challenge to

the Impugned Order dated 08.09.2021, as it was rendered in an Interlocutory

Application, being IA No. 1082/2020 in CP/1262/2019, Shibu John of M/s.

Transmarine Services India Pvt. Ltd. Versus Sherry Jose and 4 Ors. In the

proceedings which were being held under Sections 241 & 242 and are still

pending consideration and yet to be adjudicated on merits.

On examination of the impugned order which is under challenge and

particularly the conclusion which has been derived at by the Ld. Adjudicating

Authority, it is seen that the order takes the shape of an interlocutory order, as it

was not deciding any right of any of the parties or the lis itself, and was only

making an arrangement at the stage when the company petition itself was being

considered. Since this order will not take the shape of an adjudication of a dispute,

the appropriate recourse available to the appellant would be to file an application

for clarification of the impugned order, before the Ld. Adjudicating Authority,

Comp App (AT) (CH) No.02/2022 Page 2 of 3 which would then consider the same in accordance with law and as of now, in the

light of subsequent orders passed by it. Subject to the above, the Company Appeal

stands 'Closed'.

[Justice Sharad Kumar Sharma] Member (Judicial)

[Jatindranath Swain] Member (Technical)

SN/TM/MS

Comp App (AT) (CH) No.02/2022 Page 3 of 3