Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Companies Law - Highlights / Catch Notes

Home Highlights March 2021 Year 2021 This

Maintainability of suit before Civil Court - Relegating the ...


Civil Court Suit Challenged: Section 430 of Companies Act Directs Disputes to National Company Law Tribunal (NCLT) Instead.

March 9, 2021

Case Laws     Companies Law     HC

Maintainability of suit before Civil Court - Relegating the parties to continue with the civil suit would thus not be appropriate remedy, considering the manner in which Section 430 of the Act is couched and the appropriate course for the Appellant would be to avail its remedy before the NCLT. Further even if one were to examine the issue is the context of Companies Act, 1956, there is sufficient case law that holds that the jurisdiction of the Civil Court in matters relating purely to issues pertaining the management of the company can not be gone into any civil suit. - HC

View Source

 


 

You may also like:

  1. Sale of property of the company to the third parties - oppression and mismanagement - it is quite clear that the even though the sales made in the years 2013 and 2014...

  2. Central Government constitutes additional Benches of the National Company Law Tribunal (NCLT)

  3. Whether the High Court ought to interfere, under Article 226/227 of the Constitution, with an Order passed by the National Company Law Tribunal in a proceeding under the...

  4. Oppression and Mismanagement - The appellants are critical of the Special Officer appointed by the learned National Company Law Tribunal (who was appointed to ensure...

  5. Schemes of merger and demerger approved by NCLT - jurisdiction of AO - None of the decisions cited by the learned senior advocate held that the revenue does not have an...

  6. Striking off of the name of the company - considering that the Appellant Company is having substantial movable as well as immovable assets, it cannot be said that the...

  7. Restoration of the name of the Company - The Appellant Company is having substantial movable as well as immovable assets, therefore, it cannot be said that the Appellant...

  8. The National Company Law Appellate Tribunal (NCLAT) held that the National Company Law Tribunal (NCLT) has wide powers under the Companies Act and NCLT Rules, 2016 to...

  9. The Supreme Court held that the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) failed to properly examine the material,...

  10. The National Company Law Appellate Tribunal, New Delhi, addressed the admissibility of a section 9 application for initiation of Corporate Insolvency Resolution Process...

  11. Oppression and Mismanagement - Validity of the Lease Deed - Doctrine of Res Sub-Judice - Appellants argued that the Tribunal overstepped its jurisdiction by setting...

  12. The National Company Law Appellate Tribunal, Principal Bench, New Delhi, addressed the validity of the Corporate Insolvency Resolution Process (CIRP) against a...

  13. Contempt proceedings - The Tribunal (NCLT) and the Appellate Tribunal (NCLAT) have the same ‘jurisdiction’, ‘powers’ and ‘Authority’ in respect of contempt of it as the...

  14. Seeking winding up of the respondent company - failure to pay debt in the normal and ordinary course of its business - The High Court notes the respondent company's...

  15. Restoration of struck name of the company from its register - default in non-filing of the Financial Statements and Annual Returns - The NCLAT observed that the act of...

 

Quick Updates:Latest Updates