Challenging the order dated 29-11-2012 passed by the XXI Additional District Judge, Indore in Civil Suit No. 42-A/12, rejecting the application filed by applicants under Order 7, Rule 11 read with section 151 of Civil Procedure Code to dismiss the suit for want of having remedy under the Companies Act, this Revision has been preferred.

2. On perusal of the order impugned it appears that in the application filed by the applicants, it is stated that the suit has been filed to declare the meeting of the Board of Directors as null and void and to declare the Form Nos. 32 and 33 as null and void and to restrain the commencement of the meetings of the Board of Directors. It is further stated that as per section 9 of the Companies Act, 1956 (hereinafter referred to as 'Companies Act'), the District Court can hear and decide the matter as specified in section 10 of the Companies Act. The trial Court on perusal of the Clause 28-B of the suit that a prayer for permanent injunction has also been made which can only be granted by the Civil Court and in the light of the judgment of Hon'ble the Apex Court in the case of Dwarka Prasad Agarwal vs. Ramesh Chander Agarwal, (2003) 6 SCC 220