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2024 Supreme(Online)(Ker) 87842

IN THE HIGH COURT OF KERALA AT ERNAKULAM
OUR INVESTMENTS ENTERPRISES LTD – Appellant
Versus
SAIC ZACHARIAH – Respondent


ORDER

Dated this the 1st day of November, 2024

This Civil Revision Petition has been filed under Section 115 of the Code of Civil Procedure and the order passed by the Additional Munsiff, Ernakulam in O.S.No.1095/2015 regarding issue of jurisdiction is under challenge in this revision petition. The revision petitioner herein is the sole defendant and the respondent is the sole plaintiff in the above suit.

2. Heard the learned Senior counsel for the revision petitioner and the learned counsel for the respondent in detail.

3. On reading the averments in the plaint, with reference to the claims raised, the learned senior counsel appearing for the revision petitioner/defendant argued that civil court has no jurisdiction to entertain the matter, mainly on asserting that as per Annexure.A2 Exit order, passed by the Securities and Exchange Board of India (hereinafter referred to as 'SEBI' for short), it was decided to valuate the liabilities and as per Annexure.A3, in column No.230, the amount due to the respondent has been determined as Rs.2,60,422.00, which is covered by the first part of the claim raised in paragraph No.2 of the plaint. It is argued that as regards the 2nd part, claiming a

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