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IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI
Ralph Lilyan – Appellant
Versus
T.R.Sanu – Respondent
| Table of Content |
|---|
| 1. factual background involving nclt proceedings and civil suit. (Para 1 , 2) |
| 2. contentions regarding civil court jurisdiction versus nclt authority. (Para 3 , 4 , 5 , 6) |
| 3. nclt has exclusive jurisdiction over company oppression and mismanagement. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. appellate court error in failing to bar civil suit. (Para 14 , 15 , 16 , 17) |
| 5. revision allowed; civil court jurisdiction expressly barred for nclt matters. (Para 18) |
ORDER :
T.R. Ravi, J.
The Civil Revision Petition has been filed challenging the order dated 29.1.2022 in CMA No.33 of 2021 on the file of Additional District Judge-V, Ernakulam. The 1st respondent filed O.S.No.302 of 2021 before the Second Additional Munsiff Court, Ernakulam seeking a permanent prohibitory injunction restraining defendants 1 to 4 from unlawfully accessing the accounts of the 5th defendant and that of the Directors' accounts, maintained in the office of the 5th defendant, from tampering or destroying any accounts kept in the office of the 5th respondent, and for other reliefs. Prior to the filing of the above suit, the 1st respondent herein had filed Company Petition No.23 of 2021 before the National Compan
When a specialized tribunal is empowered by statute to adjudicate disputes involving company oppression and mismanagement, including the authority to grant interim injunctions, the jurisdiction of ci....
Point of law: There is specific bar excluding jurisdiction of civil Court on any matter, which is also traceable to Companies Act, jurisdiction of civil Court to decide civil dispute is not ousted.
The Companies Act, 2013 bars civil court jurisdiction in company disputes, mandating adjudication by the National Company Law Tribunal.
The court reaffirmed that civil courts retain jurisdiction over contested ownership of shares and related disputes, despite the company's dissolution and the provisions of the Companies Act restricti....
The jurisdiction of the Civil Court is not ousted by Section 430 of the Companies Act, 2013, in cases where the dispute involves allegations of fraud and breach of fiduciary duty by an auditor of a c....
Power can only be given by the board of directors of the company in exercise of its statutory power by passing the resolution under the provisions of Section 291 of the Companies Act in favour of a d....
The court established that the NCLT must conduct a thorough examination of evidence in cases involving rectification of the Register of Members under the Companies Act, 2013.
Condition precedent for invocation of Section 241(2) of the Act, which requires the Central Government to come to an opinion that the affairs of the company “are being conducted in a manner prejudici....
The main legal point established in the judgment is that the interpretation of the Articles of Association, which falls under the jurisdiction of the civil court, is not within the jurisdiction of th....
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