Jurisdiction of civil court / NCLT - appropriate forum for the ...

Civil Courts Retain Jurisdiction in Absence of NCLT Remedy; Suit Not Barred u/s 430 of Companies Act.

December 31, 2022

Case Laws Companies Law HC

Jurisdiction of civil court / NCLT - appropriate forum for the adjudication of the disputes - The fundamental principle behind the bar on the jurisdiction of the civil court is that the there must adequacy of remedy being available to the parties who are relegated out of the civil Courts and they must not be rendered remediless. - This Court does not find any merit in the objection of the Respondents that the subsequent liquidation of TCL will have no bearing on the present case. No corporate entity now exists in the form of TCL which may be governed by the provisions of the Companies Act, 2013. Hence, it cannot be said that the suit filed by the plaintiff companies was barred under Section 430 of the Companies Act, 2013. - HC

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Jurisdiction of civil court / NCLT - appropriate forum for the ...

Civil Courts Retain Jurisdiction in Absence of NCLT Remedy; Suit Not Barred u/s 430 of Companies Act.

December 31, 2022

Case Laws Companies Law HC

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