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2008 Supreme(Guj) 377

M.R.SHAH
MARWADI SHARES AND FINANCE PVT LTD COMPANY – Appellant
Versus
KISHORKUMAR NAGJIBHAI MAVANI – Respondent


Advocates appearance:
MR SANJAY A MEHTA for Petitioner(s):1,MS. KRUTI M SHAH for Petitioner(s): 1,
MR ANSHIN H DESAI for Respondent(s): 1,

JUDGMENT

1. As common question of law and facts arise in these group of petitions, they are being disposed of by this common judgment and order. The short but an interesting question of law posed for the consideration of this Court is whether in view of bye-laws in Chapter XI of National Stock Exchange of India Limited, whether the jurisdiction of civil suit is barred or the civil court's jurisdiction to entertain the dispute between petitioner and the respondent have been ousted ?

1.1 Special Civil Application No.24299 of 2007 is filed by the petitioner-original defendant under Article 227 of the Constitution of India for an appropriate writ, order or direction quashing and setting aside the order dated 6.7.2007 passed below application Exh.27 in Special Civil Suit No.233 of 2001 (New Number Regular Civil Suit No.337 of 2005) passed by the learned 7th Additional Senior Civil Judge, Junagadh by which the learned trial court has dismissed the said application submitted by the petitioner-original defendant submitted under Order 7 Rule 11(d) of the Code of Civil Procedure which was submitted to dismiss the suit.

1.2 Special Civil Application No.24300 of 2007 is filed by the petitioner-

































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