9911796707
TMI Blog2013 (6) TMI 937X X X X Extracts X X X X X X X X Extracts X X X X ..... : 2.1 The respondents are original plaintiffs, who filed Civil Suit, inter alia, contending that the petitioner No.2 filed application before Registrar of Companies on 23.9.1992 for registering the company in the name of Viprey Publication Pvt.Ltd. It is a registered company, whose name got subsequently changed in the year 1995 and it is now known as Bluechip Publication Limited. The plaintiffs made various allegations against the present petitioners in the suit alleging number of irregularities in the administration and prayed not to transfer the properties of the company to the petitioner or to anyone with a further prayer that the petitioners have no right over the said immovable properties. The petitioners original defendants filed a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the company. The trial Court has wrongly held that the jurisdiction of the Civil Court is not barred. She urged this Court to quash and set aside the impugned order passed below application Exh.22 and also urged further to stay the proceedings of the Civil Suit. 5. It can be noted that the Court while determining the application of present petitioners (original defendants) under Order VII Rule 11 of the Code of Civil Procedure was in know of the fact that under section 10GB of the Companies Act, the Civil Court's jurisdiction is barred. The Court noted that the plaintiffs have asked for permanent injunction restraining the present petitioners(defendants), who are the Directors of the Company not to transfer or alienate the property of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly or expressly. It would be worthwhile to also refer to the judgment of the Apex Court rendered in the case of Abdul Waheed Khan vs. Bhawani and others reported in AIR 1966 SC 1718. "(9) Under S.9 of the Code of Civil Procedure, a civil Court can entertain a suit of a civil nature except a suit of which its cognizance is either expressly or impliedly barred. It is settled principle that it is for the party who seeks to oust the jurisdiction of a civil Court to establish his contention. It is also equally well settled that a statute ousting the jurisdiction of a civil Court must be strictly constructed." 9. Some of the questions raised by the plaintiffs before the Court, as rightly held in the order by the learned Chamber Judge, can be t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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