9911796707
TMI Blog2016 (2) TMI 908X X X X Extracts X X X X X X X X Extracts X X X X ..... learned Senior Counsel for the respondents. 3. The principal grievance raised by the learned Counsel for the appellants is that the CLB on one end having found that whether documents are forged or not are beyond the scope of the jurisdiction of the CLB, since it has a summary jurisdiction, but on the other end, the CLB further found that the petition is barred by law of limitation and declined to grant any relief in the petition. It was submitted that so far as the forged documents and the consequential reliefs are concerned, the appellants have filed Civil Suit Nos.9950/2015 and 9952/2015 before the appropriate Civil Court and there the question as to whether the documents are forged or not and the incidental questions are to be decided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that it has summary jurisdiction and the question of document being forged or the signature being forged or not, cannot be examined in the proceedings of the Company Petition and the CLB has further observed that such an exercise can be undertaken in the civil suit by the Civil Court. Based on the said observations, the appellants have filed Civil Suit Nos.9950/2015 and 9952/2015 before the appropriate Civil Court. The said observations are not under challenge on the point of limited jurisdiction with the CLB and the wider jurisdiction with the Civil Court. 7. However, it appears to us that the CLB proceeded to examine the question of limitation on the presumptive value of the document of the annual return filed on behalf of the Company fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he grievance is brought before the appropriate forum within the prescribed period of limitation. 9. Under these circumstances, we find that the observations made by the CLB on the question of limitation may remain only on the presumptive value but it should not be read to control or to curtail in any manner the jurisdiction of the Civil Court in the above referred two civil suits and further the consequential computation of the period of limitation. 10. Even otherwise also, as rightly observed by the CLB, the question of genuineness of forged document or forged signature could be examined in the proceedings of the Civil suit and there cannot be any dispute that the Civil Court on the said aspects will have wider jurisdiction vis-à- ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
