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TMI Blog2019 (12) TMI 293X X X X Extracts X X X X X X X X Extracts X X X X ..... 2019 (2) TMI 971 - SUPREME COURT ] are distinguishable on facts. The next point as to whether the decision of the Company Law Board would prevent the Civil Court from deciding the issues relating to the relief claimed with regard to the family arrangement, in my opinion, the proceedings and the findings of the Company Law Board will have to be gone into at the time of trial as a separate issue. Similarly limitation being a question of law and fact unless there is evidence before the Court, the issue cannot be decided. Reading of the plaint in this case simpliciter could not persuade the Civil Court to do decide the suit was barred at its initial stage. Revision dismissed. - C.O. 3924 of 2019 - - - Dated:- 25-11-2019 - Shampa Sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The next contention of Mr. Mitra is that the suit was barred under the provisions of Article 93 of the Limitation Act, 1963. According to him, the suit should have been brought within three years from the date of knowledge of the transfer of shares that is 2002. Lastly, he contends that the decree with regard to the family arrangement in prayer (b) to the plaint was already covered by a decision of the Company Law Board. Mr. Mitra further contends that in view of the pendency of a probate suit filed by the said petitioners where the plaintiffs are the defendants, the prayer with regard to the testamentary disposition was barred could not be decided by the Civil Court. Records reveal that the point in issue and prayer which wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the other prayers as to whether the family arrangement was at all entered into were valid or nor and whether the defendants were holding the shares as a trustee of the plaintiff were to be decided at the trial upon evidence. Heard the parties. Section 58 of the Companies Act on which Mr. Mitra bases his argument for rejection of the plaint runs as follows: 58. (1) Refusal of registration and appeal against refusal (1) If a private company limited by shares refuses, whether in pursuance of any power of the company under its articles or otherwise, to register the transfer of, or the transmission by operation of law of the right to, any securities or interest of a member in the company, it shall with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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