HC allowed appeal. Plaint not barred by res judicata. Civil ...
Family Fights Over Ancestral Property Ownership and Company Control, Court Allows Suit to Proceed.
December 27, 2024
Case Laws Companies Law HC
HC allowed appeal. Plaint not barred by res judicata. Civil court has jurisdiction over primary reliefs of declaration of title and partition, despite consequential reliefs regarding company mismanagement falling under NCLT's purview. Cross-shareholdings indicate quasi-partnership, attracting civil court's jurisdiction. Benami Act's exceptions arguably applicable at this stage, not warranting plaint rejection. Trial court erred in returning entire plaint.
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