9911796707
TMI Blog2025 (4) TMI 1293X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the application are taken up together for hearing. 2. The present challenge has been preferred against the rejection of the plaint filed by the appellant in his suit. 3. In the plaint, the plaintiff/appellant, inter alia, sought for a decree (erroneously mentioned as "order") of permanent injunction against the defendants restraining the defendant nos. 2 to 4, the Directors of the defendant no. 1-Company, and their men and agents from transferring any tenancy right in favour of any new tenant in respect of the property described in Schedule- "A" of the plaint. 4. Further, the plaintiff sought a decree of declaration that the defendants have no power or authority to induct any new tenant, as well as a declaration that the plaintiff is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not covered under Section 241 of the 2013 Act. 8. It is further argued that unless and until the share of the plaintiff in the Company is declared, the plaintiff does not come within the purview of Section 241 and, as such, is not entitled to claim reliefs regarding mismanagement under the said provision. 9. As such, the bar of Section 430 is not applicable at all to the plaintiff. 10. Learned counsel cites a Division Bench judgment of this court in the matter of Eastern Indian Motion Picture Association and others vs. Milan Bhowmik and others, reported at AIR 2024 Cal 108I, in support of his contentions. 11. It is further argued that in view of the corporeal rights sought in the property-in-question being related to the share-holdin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13). 17. Upon a perusal of the plaint pleadings and on hearing learned counsel for the parties, we find that the rights primarily claimed by the plaintiff in the suit pertain to an immovable property as described in the schedule of the property. 18. Although the plaintiff has sought for a declaration that the plaintiff is a shareholder in respect of the defendant no. 1- Company, no cause of action for such declaration has been disclosed in the plaint. 19. In the event the plaintiff claims to be a right in praesenti as a shareholder, it was the incumbent duty of the plaintiff to apply in proper format under Section 56 of the 2013 Act and only upon the transfer/devolution of the rights in the concerned shares in favour of the plaintiff bei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in view of misjoinder of causes of action, on the one hand in respect of his alleged shares in the company and the perceived mismanagement of its affairs and on the other, in respect of an immovable property without even disclosing clearly whether such property is an asset of the defendant no. 1- Company. The plaint joins separate and independent causes of action regarding the plaintiff's alleged shares in the defendant no. 1-Company on the one hand and the alleged rights of the plaintiff in the immovable suit property on the other in a skewered manner, without the two having any identity of genesis. 25. In the same breath, in paragraph no.3 of the plaint, the plaintiff seeks to be a shareholder of the Company and a partial owner of the im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ight in the said property. 33. Thirdly, the declaration that the plaintiff is a shareholder (in praesenti) is not maintainable in view of the plaint pleadings disclosing precious nothing as to the transfer of any share of the defendant no. 1-Company in the plaintiff's name having been recorded within the contemplation of Section 56 of the 2013 Act or even any application having been filed for such purpose. 34. That apart, the reliefs sought with regard to the plaintiff being declared to be a shareholder/member of the defendant no. 1- Company are available to be urged before the NCLT in the event an application to that effect made under the 2013 Act by the plaintiff was rejected by the Company. 35. Nothing to that end has also been disclo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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