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TMI Blog2018 (4) TMI 1773X X X X Extracts X X X X X X X X Extracts X X X X ..... of the opinion that the plaintiff has approached the forum which does not have jurisdiction over the subject matter in dispute, in view of Section 241 and 430 of the Companies Act, 2013 - Hence, the plaint is rejected. - C.S. No. 764 of 2017 And A. Nos. 966/2017, 2626/2018 & 2627/2018 - - - Dated:- 16-4-2018 - MR. JUSTICE DR. JUSTICE G. JAYACHANDRAN For the Appellant : Mr. P. Ra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ociation to be held in the registered office at Madras Christian College Association, No.78, Harrington Road, Chetpet, Chennai-600 031 on Thursday, 28th September, 2017 at 12.00 noon or on any other subsequent dates, without issuing statutory notice to all the members of the Defendant Association as same is illegal and unlawful; c) For a mandatory injunction directing the Secretary of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... locutory Application. After service of suit summon, the defendant has filed Application in A.2626 of 2018 to reject the plaint on the ground that the defendant being a company registered under the Companies Act, there is a statutory bar under Section 430 of the Companies Act, 2013, to entertain Civil Suit. The averments made in the plaint squarely falls under Section 241 of the Companies Act, wher ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tating for their lawful representation by filing suits and application before the Company Law Board and therefore, the non issuance of notice is a deliberate act and not an accidental omission by the defendant. 6 After considering the submissions made by the learned counsel for the petitioner/defendant and learned counsel for the respondent/plaintiff. On perusing the averments made in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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