The appeal arises from a judgment and order dated December 5, 2022, concerning an application for the rejection of a plaint. The appellant argued that the disputes raised in the plaint fall under the exclusive jurisdiction of the National Company Law Tribunal (NCLT), rendering the suit not maintainable in a civil court. The learned Single Judge decided against the appellant, leading to the current appeal. The plaintiff filed a suit for declaration and injunction, alleging fraud by the auditor (defendant no.1) of defendant no.4 (a private limited company) on Sambhunath and his family members. The plaintiff sought declarations that the shareholdings of defendant nos. 2 and 3 in defendant no.4 were illegal and fraudulent, and perpetual injunctions against defendant nos. 1
…Sambhunath Shaw incorporated defendant no.4 as a closely held family company. Defendant no.1, a chartered accountant, was engaged by Sambhunath as an auditor for defendant no.4. The plaintiff, Sambhunath's younger son, became a shareholder in defendant no.4 on March 30, 2002, and later a director on March 12, 2015, but was removed on December 23, 2015. After Sambhunath's death on July 31, 2018, the plaintiff was re-inducted as a director on August 14, 2018. The plaintiff discovered that defendant nos. 2 and 3, with no connection to the Jaiswal family, jointly held approximately 32.69% of defendant no.4's share capital. Defendant no.1 held shares in defendant nos. 2 and 3 through family members, HUF, and PCG Properties Private Limited. Shares in defendant no.4 were
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The application for…
Justice Basak p…
The appeal arises from a judgment and order dated December 5, 2022, concerning an application for the rejection of a plaint. The appellant argued that the disputes raised in the plaint fall under the exclusive jurisdiction of the National Company Law Tribunal (NCLT), rendering the suit not maintainable in a civil court. The learned Single Judge decided against the appellant, leading to the current appeal. The plaintiff filed a suit for declaration and injunction, alleging fraud by the auditor (defendant no.1) of defendant no.4 (a private limited company) on Sambhunath and his family members. The plaintiff sought declarations that the shareholdings of defendant nos. 2 and 3 in defendant no.4 were illegal and fraudulent, and perpetual injunctions against defendant nos. 1
…Sambhunath Shaw incorporated defendant no.4 as a closely held family company. Defendant no.1, a chartered accountant, was engaged by Sambhunath as an auditor for defendant no.4. The plaintiff, Sambhunath's younger son, became a shareholder in defendant no.4 on March 30, 2002, and later a director on March 12, 2015, but was removed on December 23, 2015. After Sambhunath's death on July 31, 2018, the plaintiff was re-inducted as a director on August 14, 2018. The plaintiff discovered that defendant nos. 2 and 3, with no connection to the Jaiswal family, jointly held approximately 32.69% of defendant no.4's share capital. Defendant no.1 held shares in defendant nos. 2 and 3 through family members, HUF, and PCG Properties Private Limited. Shares in defendant no.4 were
…The application for…
Justice Basak p…