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        Companies Law

        The dominant issue was whether a civil suit challenging an...

        Civil suit challenging allegedly oppressive EOGM and related corporate actions held barred u/ss 242/430; plaint dismissed.

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                The dominant issue was whether a civil suit challenging an allegedly oppressive EOGM and consequential corporate actions was maintainable in view of the Companies Act, 2013. Since Section 242 vests the NCLT with power to grant appropriate reliefs to end oppression/mismanagement, and Section 430 bars civil court jurisdiction over matters the NCLT is empowered to determine, the court held that the plaint's real cause of action and reliefs fell within the NCLT's domain; consequently, the civil suit was not maintainable and the appeal was disposed of by affirming the dismissal for want of civil court jurisdiction - HC
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