The case involves a dispute over the transfer of shares, initially addressed by the Company Law Board. An appeal to the Madras High Court reversed the Company Law Board's view, effectively leaving the appellants with a remedy of civil suit. The appellants contend that the issue of share transfer, whether rightly or wrongly done, needs adjudication by a competent forum, either a civil suit or the Company Law Board.
Shashi Prakash Khemka (deceased) through legal representatives, filed an appeal against NEPC Micon (now called NEPC India Ltd.) and others. The dispute concerns the transfer of shares. The Company Law Board initially addressed the matter, but the Madras High Court reversed its decision, leading the appellants to pursue a civil suit. The appellants argue that the share transfer issue requires adjudication. The Supreme Court considered the impact of amendments to the Companies Act, particularly Section 430, which limits civil court jurisdiction in matters under the NCLT's purview. The cause of action arose before the enactment of these amendments. The appellants were granted permission to file a fresh petition before the NCLT within two months.
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The case involves a dispute over the transfer of shares, initially addressed by the Company Law Board. An appeal to the Madras High Court reversed the Company Law Board's view, effectively leaving the appellants with a remedy of civil suit. The appellants contend that the issue of share transfer, whether rightly or wrongly done, needs adjudication by a competent forum, either a civil suit or the Company Law Board.
Shashi Prakash Khemka (deceased) through legal representatives, filed an appeal against NEPC Micon (now called NEPC India Ltd.) and others. The dispute concerns the transfer of shares. The Company Law Board initially addressed the matter, but the Madras High Court reversed its decision, leading the appellants to pursue a civil suit. The appellants argue that the share transfer issue requires adjudication. The Supreme Court considered the impact of amendments to the Companies Act, particularly Section 430, which limits civil court jurisdiction in matters under the NCLT's purview. The cause of action arose before the enactment of these amendments. The appellants were granted permission to file a fresh petition before the NCLT within two months.
The special leave…
The Supreme Court allowed the appeals to the…
Sign in to view related legal provisions.