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Darshan Anilkumar Patel vs Pravinkumar Jinabhai Patel on 16 December, 2020

Bench: D.Y. Chandrachud, Indira Banerjee

     SLP(C) D.9209/2020
                                                            1

     ITEM NO.2                            Court 6 (Video Conferencing)                     SECTION IX

                                   S U P R E M E C O U R T O F               I N D I A
                                           RECORD OF PROCEEDINGS

                           SPECIAL LEAVE PETITION (CIVIL) Diary No.9209/2020

     (Arising out of impugned final judgment and order dated 05-02-2020
     in WP No.1139/2020 passed by the High Court of Judicature at Bombay
     at Aurangabad)


     DARSHAN ANILKUMAR PATEL                                                          Petitioner(s)

                                                          VERSUS

     PRAVINKUMAR JINABHAI PATEL & ORS.                                                Respondent(s)

     (With appln.(s) for I.R. and IA No.100153/2020-EXEMPTION FROM
     FILING C/C OF THE IMPUGNED JUDGMENT and IA No.100155/2020-EXEMPTION
     FROM FILING O.T. and IA No.100152/2020-PERMISSION TO FILE PETITION
     SLP)


     Date : 16-12-2020 This petition was called on for hearing today.


     CORAM :
                                   HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
                                   HON'BLE MS. JUSTICE INDIRA BANERJEE


     For Petitioner(s)                    Mr. Salim Inamdar, Adv.
                                          Mr. Modassir Khan, Adv.
                                          Mrs. Pragya Baghel, AOR

     For Respondent(s)                    Mr. Vinay Navare, Sr. Adv.
                                          Mr. Shashibhushan P. Adgaonkar, AOR
                                          Pradnya S Adgaonkar, Adv.


                               UPON hearing the counsel the Court made the following
                                                O R D E R

1 Permission to file the Special Leave Petition is granted.

2 There is no error in the finding that the suit which was filed for a declaration in regard to the invalidity of the sale deeds was properly instituted before the civil court and there was no occasion to transfer the appeal to the National Company Law Tribunal. Section 430 of the Companies Act 2013 bars the jurisdiction of a civil court to entertain a suit or proceeding in respect of any matter which the tribunal or the appellate tribunal is empowered to determine under the Act or any other law for the time being in force. The jurisdiction to decide the validity of a sale deed would fall within the ambit of the civil court. Hence, we are in agreement with the impugned order of the High Court dated 5 February 2020.

3 However, Mr Salim Inamdar, learned counsel appearing on behalf of the petitioner has sought a limited clarification to the effect that the present order will not come in the way of the petitioner adopting suitable remedies under the provisions of the Companies Act 2013 in respect of a dispute which falls within the purview of that enactment and within the jurisdiction of the fora created under it.

4 We clarify that while we are in agreement with the impugned judgment of the High Court, if there are any independent grievances falling within the purview of the Companies Act 2013, the petitioner will be at liberty to follow the appropriate remedy in accordance with law. The District Judge is requested to ensure the expeditious disposal of the First Appeals, RCA Nos 153 and 154 of 2015, on or before 31 August 2021.

5 The Special Leave Petition is accordingly disposed of.

6 Pending applications, if any, stand disposed of.

              (CHETAN KUMAR)                                  (SAROJ KUMARI GAUR)
               A.R.-cum-P.S.                                      Court Master