CS(COMM.)245/2019 Page 1 of 16

$~

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: 27^th July, 2023

Pronounced on: 09^th August, 2023

+

CS(COMM) 245/2019

MS. SHAZIA REHMAN ..... Plaintiff

Through:

Mr.Vipul

Ganda,

Ms.Abhipsa

Mohanty and Ms.Priyanka Jindal,

Advocates.

versus

MR. ANWAR ELAHI & ORS. ..... Defendants

Through:

Mr.Aditya Singh, Mr.Arpit Kumar

singh and Ms.Mehak, Advocates

for D1 & D2.

Ms.Gurkamal Hora Arora and

Mr.Jaisal Baath, Advocates for D3.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

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

Digitally Signed

By:PRADEEP SHARMA

Signing Date:09.08.2023 16:13

Signature Not Verified

CS(COMM.)245/2019 Page 2 of 16

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:

424. Procedure before Tribunal and Appellate Tribunal.— (1) The

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:—

Digitally Signed

By:PRADEEP SHARMA

Signing Date:09.08.2023 16:13

Signature Not Verified

CS(COMM.)245/2019 Page 3 of 16

within the local limits of whose jurisdiction,—

430. Civil court not to have jurisdiction.— No civil court shall have

or the Appellate Tribunal.”

4.

It is the submission of the learned counsel for the defendant, the

plaintiff‟s shares were transferred in favour of defendant no.1 in the year

2011 and plaintiff never objected to the same at that moment. In the year

2016, her father in law i.e., defendant no.3 rather filed a petition before

NCLT wherein he alleged about the shares of plaintiff having come

down. The plaintiff was also a party to the said petition but never

objected to the reduction of shares and neither she filed an application

Digitally Signed

By:PRADEEP SHARMA

Signing Date:09.08.2023 16:13

Signature Not Verified

CS(COMM.)245/2019 Page 4 of 16

for rectification of register. In the year 2019 the plaintiff had filed a suit

challenging the reduction of her shares and since the case pertains to the

rectification of the register hence per Section 59 and 4