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HC allowed appeal. Plaint not barred by res judicata. Civil court has jurisdiction over primary reliefs of declaration of title and partition, despite consequential reliefs regarding company mismanagement falling under NCLT's purview. Cross-shareholdings indicate quasi-partnership, attracting civil court's jurisdiction. Benami Act's exceptions arguably applicable at this stage, not warranting plaint rejection. Trial court erred in returning entire plaint.
HC allowed appeal. Plaint not barred by res judicata. Civil court has jurisdiction over primary reliefs of declaration of title and partition, despite consequential reliefs regarding company mismanagement falling under NCLT's purview. Cross-shareholdings indicate quasi-partnership, attracting civil court's jurisdiction. Benami Act's exceptions arguably applicable at this stage, not warranting plaint rejection. Trial court erred in returning entire plaint.
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