JUDGMENT :

(Soumen Sen, J.) :

1. The appeal is arising out of a judgment and order dated 5th December, 2022 passed in connection with an application filed by the appellant for rejection of plaint on the ground that the dispute raised in the plaint cannot be decided by a Civil Court.

2. The appellant contended before the learned Single Judge that the disputes in the plaint, falls within the exclusive jurisdiction of the National Company Law Tribunal (in short ‘NCLT’). Accordingly, the suit is not maintainable.

3. The learned Single Judge decided the issue against the appellant, hence, this appeal.

4. Before we advert to the submissions made it is necessary to consider the averments made in the plaint.

5. The plaintiff has filed a suit for declaration and injunction.

6. The defendant no.4 was incorporated as a closely held family company by one Sambhunath Shaw since deceased (in short ‘Shambhunath’) along with his wife and sister-in-law.

7. Sambhunath was in full control of the company and he used to run, manage and control the said respondent no.4.

8. Defendant no. 1 is a chartered accountant by profession. The defendant nos. 2 and 3 are the family companies of the defendant no.1. The