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2016 Supreme(Bom) 1845

NUTAN D.SARDESSAI, F.M.REIS
Candolim Developers Pvt. Ltd. – Appellant
Versus
Pravin Grover – Respondent


Advocates Appeared:
For the Appellant :Mr. J.E. Coelho Pereira, Senior Advocate with Mr. Vinod Vishnu, Korgaonkar, Advocate
For the Respondent:Mr. Anthony Joe D' Silva, Advocate

JUDGMENT :

F.M. Reis, J.

Heard Mr. J.E. Coelho Pereira, learned Senior Counsel appearing for the appellants and Mr. A. D'Silva, learned counsel appearing for the respondent Nos. 1(a), 2 and 3.

2. Admit. Heard forthwith with the consent of the learned counsel.

3. The notice indicated that the matter would be disposed of finally at the stage of admission.

4. On the last date of hearing, an opportunity was given to the respondent no.4 who was not represented to appear but however, none appears for the said respondent today as well.

5. The challenge in the above appeal is to the order passed by the learned Civil Judge Senior Judge, Panaji, dated 12.11.2013 whereby the plaint filed by the appellants against the respondents came to be rejected in terms of Order 7, Rule 11 (d) of the CPC.

6. Mr. Coelho Pereira, learned Senior Counsel appearing for the appellants has pointed out that the learned Judge has misconstrued the provisions of Section 10GB of the Companies Act, 1956 to come to the conclusion that the jurisdiction of the Civil Court is barred. The learned Senior Counsel further pointed out that the suit filed by the Company as well as two directors of the Company is on the ground that th





































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