Rudraksh Ceramic Word Private Limited v. Vijay Kumar Khandelwal
2023-01-24
NARENDRA SINGH DHADDHA
body2023
DigiLaw.ai
ORDER 1. This Civil First Appeal under Section 96 of the Code of Civil Procedure, 1908 has been filed by the appellant-plaintiff (for short 'the plaintiff') against the order dated 29.10.2020 passed by Additional District Judge No.3, Bharatpur in Original Civil Suit No.05/2020 whereby the application filed by the respondents-defendants (for short 'the defendants') under Order 7 Rule 11 (D) read with Section 151 CPC has been allowed and the plaintiff's suit for mandatory and permanent injunction has been dismissed. 2. Learned counsel for the plaintiff submits that plaintiff filed a civil suit against the defendants in which plaintiff sought the relief of mandatory and permanent injunction against the defendants. Learned counsel for the plaintiff also submits that defendants had filed an application under Order 7 Rule 11 (D) CPC. The said application has wrongly been allowed by the trial court vide order dated 29.10.2020 and dismissed the suit filed by the plaintiff. Learned counsel for the plaintiff also submits that trial court wrongly came to the conclusion that plaintiff wanted to seek relief with regard to adjudication of disputes between the Directors in Company matters. Learned counsel for the plaintiff also submits that for deciding the application under Order 7 Rule 11 (D) CPC, the trial court had to consider the averments made in the plaint and not the defence of the defendants. Learned counsel for the plaintiff also submits that the question of jurisdiction can be decided after leading evidence by the parties. So, order of the trial court be set aside. 3. Learned counsel for the plaintiff has placed reliance upon the following judgments : (1) Om Prakash Choudhary Vs. Dr. Kailash Garg & Ors. reported in 2013 (3) RLW 2763 and (2) P. V. Guru Raj Reddy & Anr. Vs. P. Neeradha Reddy & Ors. reported in (2015) 8 SCC 331 . 4. None has appeared on behalf of the defendants. 5. I have considered the arguments advanced by learned counsel for the plaintiff and perused the impugned order. 6. Trial court in its order clearly stated that plaintiff in plaint specifically mentioned that there is a dispute between Directors of Company. So, as per Section 430 of Companies Act, matter is triable by National Company Law Tribunal. So, in my considered opinion, trial court has not committed any error in dismissing the suit under Order 7 Rule 11 (D) CPC.
So, as per Section 430 of Companies Act, matter is triable by National Company Law Tribunal. So, in my considered opinion, trial court has not committed any error in dismissing the suit under Order 7 Rule 11 (D) CPC. So, present appeal filed by the plaintiff being devoid of merit, is liable to be dismissed. 7. The Civil First Appeal stands dismissed. 8. Stay application also stands dismissed.