JUDGMENT

Yogesh Khanna, J.

I.A.1143/2020

1. This application is filed by the applicant under Order VII Rule 10 and 11 CPC read with Section 151 CPC seeking rejection of plaint. The plaintiff has filed the suit as a commercial suit under the Commercial Courts Act, 2015 seeking relief of declaration, permanent and mandatory injunction with regard to 4556 shares, got transferred by defendant no.1 in his favour. The defendants no.1 and 2 have challenged the maintainability of the present suit as a commercial suit under the Commercial Courts Act, 2015.

2. It is submitted as per definition of "commercial dispute" as provided in Section 2(1)(c)(xii) of Commercial Courts Act, 2015 only disputes arising out of shareholders agreement with regard to shares shall be commercial disputes but in the present suit there is no shareholders agreement being entered into between the parties, hence it cannot be treated as a commercial suit.

3. It is submitted present suit relate to a family dispute between the family of defendant no.3-the father-in-law of plaintiff on the other hand and family of defendant no.1. It is submitted the plaint be rejected as the case pertain to rectification of register of members, hence only the NCLT shall have the jurisdiction and per Section 430 of Companies Act no civil suit is maintainable for rectification of the shares. Sections 59, 424 and 430 of the Companies Act are as under:

"59. Rectification of register of members.-(1) If the name of any person is, without sufficient cause, entered in the register of members of a company, or after having been entered in the register, is, without sufficient cause, omitted therefrom, or if a default is made, or unnecessary delay takes place in entering in the register, the fact of any person having become or ceased to be a member, the person aggrieved, or any member of the company, or the company may appeal in such form as may be prescribed, to the Tribunal, or to a competent court outside India, specified by the Central Government by notification, in respect of foreign members or debenture holders residing outside India, for rectification of the register.

424. Procedure before Tribunal and Appellate Tribunal.-(1) The Tribunal and the Appellate Tribunal shall not, while disposing of any proceeding before it or, as the case may be, an appeal before it, be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice, and, subject to the other provisions of this Act and of any rules made thereunder, the Tribunal and the Appellate Tribunal shall have power to regulate their own procedure.

(2) The Tribunal and the Appellate Tribunal shall have, for the purposes of discharging their functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters, namely:

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

(c) receiving evidence on affidavits;

(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or a copy of such record or document from any office;

(e) issuing commissions for the examination of witnesses or documents;

(f) dismissing a representation for default or deciding it ex parte;

(g) setting aside any order of dismissal of any representation for default or any order passed by it ex parte; and

(h) any other matter which may be prescribed.

(3) Any order made by the Tribunal or the Appellate Tribunal may be enforced by that Tribunal in the same manner as if it were a decree made by a court in a suit pending therein, and it shall be lawful for the Tribunal or the Appellate Tribunal to send for execution of its orders to the court within the local limits of whose jurisdiction,-

(a) in the case of an order against a compan