2020 (2) TMI 1659

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....pecial Civil Suit 63 of 1999 brought for declaration, perpetual injunction and possession. Respondents herein are the defendants,. 3 The edifice of the suit is constructed on the premise that the suit properties were owned by Kalpita Builders Private Limited and could have been alienated only with the consent of two Directors or the majority of Directors. The suit is entirely based on the assertion that defendant 1 Pravinkumar Jinabhai Patel was not competent to execute the sale deeds of various properties in favour of defendants 2 to 19 and agreement to sell in favour of defendant no.20. 4 By judgment and decree dated 15.04.2013, the trial Court dismissed the suit. The trial Court recorded a finding that Shri Anilkumar was not a Director....

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....rt misconstrued the prayer for seeking transfer of appeal to NCLT. The submission is, that the applications, which are rejected, in essence, objected to the jurisdiction of the Civil Court to entertain the suit since the issues, which arose, fall squarely within the domain of the NCLT, thus triggering the bar envisaged by Section 430 of the Act. The learned Counsel for the plaintiff relies on the following decisions: (i) Shashi Prakash Khemka (Dead) through LRs. and Another Vs. NEPC Micon (Now called NEPC India Ltd.) and others, (Civil Appeal Nos.1965-1966 of 2014, decided by the Hon'ble Apex Court on 08.01.2019); (ii) Dinesh Kumar Vs. Sinecure Tecfhnocity Ptd. Ltd. & others [CS(COMM) No.242/2019, decided by the High Court of Delhi, on ....

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....als with the procedure regulating the proceedings before the NCLT, the powers vested in the Civil Court under the CPC are conferred on NCLT. The submission is, that the power of NCLT is indeed broader and wider than the power which can be exercised by the Civil Court, since the NCLT is a specialised Tribunal constituted to ensure speedy and effective regulation of the affairs of the Companies. It is submitted that the NCLT, having been created by amending the law, and having been vested with all the trappings of the Civil Court, in view of the amendments, the bar under Section 430 of the Act is triggered. 10 In my considered view, the decisions, which are referred and which are pressed in service, and which consider the scope and ambit of ....