Proportionality in company penalty quantification requires aggravating and mitigating factors; mechanical multiplication of director liability is impe...
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The High Court addressed the jurisdictional conflict between Civil Court and NCLT/NCLAT in a dispute over share transfer/title. The plaint was rejected based on SPA's Clause 8, citing Companies Act, 2013. Court held SPA mandated arbitration but didn't exclude Civil Court jurisdiction. The objection on Arbitration Act's Section 11 appointment was premature. Companies Act sections don't bar the Civil Court from hearing share disputes. NCLT isn't suitable for individual share disputes. The order rejecting the plaint was overturned as Companies Act sections didn't apply.
The High Court addressed the jurisdictional conflict between Civil Court and NCLT/NCLAT in a dispute over share transfer/title. The plaint was rejected based on SPA's Clause 8, citing Companies Act, 2013. Court held SPA mandated arbitration but didn't exclude Civil Court jurisdiction. The objection on Arbitration Act's Section 11 appointment was premature. Companies Act sections don't bar the Civil Court from hearing share disputes. NCLT isn't suitable for individual share disputes. The order rejecting the plaint was overturned as Companies Act sections didn't apply.
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