2026 (6) TMI 902

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....2 (for short "the Suit"). The Plaintiff had filed Interim Application No. 3716 of 2022, in the Suit praying for various interim reliefs. By an Order dated 28th March 2024 (for short "the Impugned Order"), Interim Application No. 3716 of 2022 has been heard and finally disposed of. The Interim Application has been allowed, albeit partially. 2. Being aggrieved by the Impugned Order, the Plaintiff had preferred the present Appeal. 3. The Suit is one for the administration of the estate of one Sat Prakash Goyal (for short "the Deceased"). It is the case of the Plaintiff in this Suit that the Deceased held 86.70% shares in a company called Mertinez Entex Industries Ltd. According to the Plaintiff, the Deceased held 2,15,900 shares in Merti....

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.... the course of hearing of this Appeal, we put it to the learned Counsel appearing on behalf of the Appellant / Plaintiff to consider pursuing remedies with respect to the transfer of shares held by the Deceased in Mertinez Entex Industries Ltd. before the NCLT, and agitate all issues excluding those pertaining to the forgery of the Gift Deeds before that forum as only the Civil Court has jurisdiction to decide title based on gift deeds. In response, it was submitted by the learned Counsel appearing on behalf of the Appellant, that an objection / issue has been raised by Defendant Nos. 1, 5, and 8 before the NCLT qua the maintainability of the Company Petition, in light of the allegations that the Appellant holds less than 10% of the shares ....

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....Ltd. any further. It is clarified that the NCLT shall decide the prayer clause (g) of the Company Petition and any interim reliefs pertaining to the same, irrespective of any objection on the ground that the Appellant/Plaintiff does not hold 10% of the shareholding. 12. The issue relating to the reliefs claimed regarding shares of the Deceased in two partnership firms, namely Monica India and Sanjeev Wollen Mills, shall be decided by the learned Single Judge afresh. We say this because we find that the contentions of the Plaintiff in that regard have simply been rejected by observing that the disputes were pending before the competent Court and/or in proceedings arising out of Arbitration Proceedings. It is in this light that we feel tha....