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2020 Supreme(Bom) 1294

C.V.BHADANG
Shankar Assana Gaddam – Appellant
Versus
Achanak Associates Realtors Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Ram Upadhay a/w Dharmesh Singh i/b Law Competere Consultus, Advocates.
For the Respondents:R1 to R3, Akshay Patkar a/w Aniket Malu, R4, Abhijit Desai, Advocates.

JUDGMENT :

1. Heard. Rule made returnable forthwith. The learned counsel Mr. Patkar waives notice for respondent Nos. 1 to 3, and the learned counsel Mr. Desai waives notice for respondent No. 4. Heard finally by consent of parties.

2. The challenge in this petition is to the order dated 04.04.2018 (below Exhibit 22) passed by the learned Civil Judge, Senior Division at Solapur in Special Civil Suit No. 169 of 2017. By the impugned order, application (Exhibit 22) filed by the Respondent No.4 (Defendant No.4) raising objection to the jurisdiction of the Civil Court under Section 9A of the Code of Civil Procedure, 1908 (‘CPC’ for short) has been allowed. The Trial Court has thus, held that it has no jurisdiction to try and entertain the suit filed by the Petitioner, in view of the provisions of Section 430 of the Companies Act, 2013.

3. The brief facts necessary for the disposal of the petition may be stated thus:

    (i) That the petitioner claims to be one of the Directors of the first Respondent Achanak Associates Realtors Pvt. Ltd., which is a company registered under the Companies Act (‘Company’ for short). The Respondent Nos. 2 and 3 are the promoters / directors of the said Company.

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