Allowed

M/S Saurabh Desai Exports Pvt. Ltd. and 2 Others v. Dhirubhai Alias Dhirajlal H Desai and 3 Others

Bombay HC7 Apr 2016COAPP/38/2016

Case brief

AI extract

What is this about?

The Court disposed of three appeals filed under the Companies Act, 1956 challenging a CLB order permitting withdrawal of a company petition with liberty to file a civil suit. The Court issued a clarification that the CLB order does not grant civil court jurisdiction where it would otherwise be absent.

What did the court decide?

Both Company Appeals disposed of with a clarification; Company Applications disposed of accordingly.

M/S Saurabh Desai Exports Pvt. Ltd. and 2 Others Vs… — Company and Corporate | Bombay HC (2016)

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907.coappl.18.2016.doc

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dik

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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COMPANY APPEAL (L) NO. 18 OF 2016 IN CLB COMPANY PETITION NO. 43 OF 2015

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M/s Saurabh Desai Exports Pvt. Ltd. & Ors. ...Appellants.

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Mr Dhirubhai @ Dhirajlal H. Desai & Ors. ...Respondents

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WITH COMPANY APPEAL (L) NO. 16 OF 2016 IN CLB COMPANY PETITION NO. 43 OF 2015

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WITH

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COMPANY APPLICATION (L) NO. 19 OF 2016 IN COMPANY APPEAL (L) NO. 16 OF 2016 IN CLB COMPANY PETITION NO. 43 OF 2015

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Vidyut Dilip Shah ...Appellant

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Mr Dhirubhai @ Dhirajlal H. Desai & Ors. ...Respondents

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Mr Zal Andhyarjuna a/w Mr R.S.Bidkar, Mr S. Abhishek i/b Hariani & Co. for the Appellants in Comp. Appeal No.18 of 2016

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Mr Kalpesh Joshi for the Appellant in Company Appeal (L) No.16 of 2016 and Company Application (L) No.19 of 2016

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Mr Pravin Samdhani, Sr. Advocate a/w Mr Snehal Shah, Ms Bimadi Dave, Ms Nikita Bhansali i/b Wadia Gandhy for Respondent Nos.1 to 3 in both Appeals.

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CORAM : B. P. COLABAWALLA J.

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APRIL 07, 2016

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P.C. :

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907.coappl.18.2016.doc

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These Company Appeals have been filed under Section 10F of the Companies Act, 1956, challenging the order dated 4 March, 2016, passed by the Company Law Board (CLB), New Delhi Bench. By the said order, the Respondents herein (who are the original Petitioners before the CLB) were permitted to withdraw Company Petition No. 43 of 2015 filed by them with liberty to file a comprehensive suit before a Civil Court of competent jurisdiction in respect of the subject matter as that of the Company Petition.

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2 By consent of parties, both appeals can be disposed of with a clarification that merely because the CLB has granted liberty to file a comprehensive suit, the same will not invest the Civil Court with jurisdiction to entertain the subject matter of Company Petition No.43 of 2015, if it otherwise did not have the jurisdiction to do so.

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3 With this clarification, both Company Appeals are disposed of. In view of disposal of the Company Appeals, nothing survives in the Company Applications and the same are also disposed of, accordingly.

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( B. P. COLABAWALLA J. )

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M/S Saurabh Desai Exports Pvt. Ltd. and 2 Others v. Dhirubhai Alias Dhirajlal H Desai and 3 Others

Case brief

What is this about?

What did the court decide?

M/S Saurabh Desai Exports Pvt. Ltd. and 2 Others v. Dhirubhai Alias Dhirajlal H Desai and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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