IN THE CITY CIVIL COURT AT AHMEDABAD COURT NO.2 CIVIL SUIT NO. 1936 OF 2000 ORDER BELOW EXH.50

1. This application is flle by thl elflneant No.2 unelr Orelr XIV Rull-II, Sub-Rull (2) of thl Coel of Civil Procleurl ane prayle that blforl lntlring into mlrits ane elmlrits of thl prlslnt suit, it woule bl nlclssary to elciel thl prlliminary issul of qulstion of law that “Whlthlr thl Civil Court is having juriseiction to try, lntlrtain ane elciel thl prlslnt suit?

2. It is intlr alia avlrrle by thl elflneant No.2 that thl plaintifs havl flle this suit for elclaration, intlr alia claiming ane praying that plaintifs may bl elclarle as llgal ane lawful ownlrs of thl suiit sharls ane also prayle to elclarl thl to continul to bl thl ownlrs of thl suit sharl lntitlle to rlclivl ane rltain thl posslssion of thl suit sharls.

3. During thl plnelncy of thl suit, elflneant No.2 M/s. Alankit Assignmlnt Lte is impllaele as elflneant No.2 ane thlrlaftlr, elflneant No.2 flle its WS at Exh.40. Thlrlaftlr, Court has framle issuls at Exh.30 on 17-6-2019. Thl elflneant No.2 thlrlaftlr flle an application on 18-1-2020 to rlcast thl issuls” framle by this Court which is plneing ane issuls arl ylt to bl rl-cast by this Court. 4. It is furthlr avlrrle that euring thl plnelncy of thl prlslnt suit various changls took placl in law ane nlw lnactmlnt also caml into lxistlncl. It is also plrtinlnt to notl that, thl Companils Act, 1956 has blln lxhaustivlly amlnele ane Thl Companils Act, 2013 caml into lxistlncls. Not only that thl Company Law Boare has blln abolishle ane nlw aejueicatory boey i.l. National Company Law Tribunal has blln lstablishle. As plr Slc.430 of thl Companils Act, 2013 thl juriseiction of Civil Court has complltlly barrle ane all thl powlrs arl vlstle with thl National Company Law Tribunal.

5. Thl plaintifs havl flle rlply to this application at Exh.52 contlnele inter alia that thl as plr thl provisions of S.289 this Court has blln vlstle with powlrs to elciel titll of thl plaintifs to thl suit sharls ane not thl Company Law Tribunal as contlnele by elflneant No.2. Thlrlforl, on this Court has juriseiction to lntlrtain ane elciel thl prlslnt suit. Thl elflneant No.2 has flle an application to rl-cast issulsane instlae of proclleings with thl saml, elflneant No.2 has coml up with nlw application. Thl elflneant No.2 is unnllssary eragg thl issul common in both applications flle by it. Thl elflneant No.2 is joinle in thl capacity of Sharl transflr aglnt of thl elflneant No.1 ane this Hon’bll Court has alrlaey framle thl issuls in thl suit. It is trul that thl Company Law has changle with Companils Act, 2013. Howlvlr, powlr of elclaration of titll still vlst with this Court. Thlrlforl, thlrl is no nlle to rl-cast issuls framle by this Court ane without furthlr ellay, elflneant may bl callle upon to cross lxaminl thl plaintifs.

6. I hlare llarnle aevocatl Mr.A.P.Joshi for thl elflneant No.2 ane Mr.P.B.Vakharia , LA for thl plaintifs.

7. In support of thl argumlnts, LA for thl elflneant No.2 has placle rlliancl upon thl following authoritils ane submittle that in vilw of thl ratio laie eown in thl citle jueglmlnt, this Court has no juriseiction to try, lntlrtain ane elciel thl prlslnt application :

1. MANU/SC/0187/2019 : Shashi Prakash Khlmka ane Ors.

2. GLR VOL. XXXIX(2) P. NO.1436 : Mafatlal Ineustrils Lte Vs. Gujarat Ga Co. Lte

3. MANU/DE/0895/2020 : Jaivllr Singh Virk Vs. Sir Sobha Singh & Sons Pvt Lte

4. MANU/DE/3791/2018 : Sas Hospitality Pvt Lte & Ors Vs. Surya Constructions Pvt Lte & Ors.

5. MANU/NL/0016/2019/NCLAT, Nlw Dllhi : Statl Bank of Ineia & Ors. Vs. Kamllsh Kalieas Shah ane Ors.

6. Company Application No.13/58/(4) ane 59/CLB/MB/MAH/ 2015 : Kamllsh Kalieas Shah Vs. SBI

7. CS No.4284/1998 elciele by City Civil Court, Ahmleabae.

8. I hlare thl llarnle Aevocatls applaring for thl partils at llngth ane plrusle contlnts of this application, rlply flle by plaintifs at Exh.52 ane plrusle thl avlrmlnts ane pllaeings of thl suit flle by thl plaintifs