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Showing contexts for: rectification suit in Abhishek Gupta vs Shree Salasar Polyflex Pvt. Ltd. & Ors on 5 March, 2018Matching Fragments
9. Learned counsel for the plaintiff has firstly placed reliance upon the judgment of the Supreme Court in the case of M/s. Ammonia Supplies Corporation (P) Ltd. Vs. M/s Modern Plastic Containers Pvt. Ltd. & Ors., (1998) 7 SCC 105 to argue that after seeking the relief in this suit the plaintiff will approach the Company Court or any other appropriate forum for seeking rectification of register of members, however I do not find any such ratio of the Supreme Court in the case of M/s. Ammonia Supplies Corporation (P) Ltd. (supra) that after a civil suit is decided thereafter another fresh proceeding will have to be filed before the Company Court etc for seeking rectification of the register of members. I may note that the judgment of the Supreme Court in the case of M/s. Ammonia Supplies Corporation (P) Ltd. (supra) was an appeal from a Full Bench Judgment of this Court in the case of Ammonia Supplies Corporation (P) Ltd. Vs. Modern Plastics (P )Ltd.& Ors. AIR 1994 Delhi 51 and the Full Bench judgment of this Court had held that a Company Court cannot be approached under Section 155 of the Companies Act for rectification of the register of members if there are seriously and heatedly disputed questions of fact which have to be tried for rectification of register of members and in which case it is only the civil court which should be approached by filing of a civil suit. The judgment of the Supreme Court in M/s. Ammonia Supplies Corporation (P) Ltd. (supra) case reiterates the principle that disputed questions of fact will have to be decided by a civil court. Neither in the judgment of the Full Bench of this Court in Ammonia Supplies Corporation (P) Ltd. (supra) nor of the Supreme Court in M/s. Ammonia Supplies Corporation (P) Ltd. (supra) holds that after the civil suit is decided with respect to the disputed questions of fact as to who is or is not the owner of the shares, even thereafter proceedings will have to be initiated under the Companies Act for rectification of the register and that rectification of register cannot be prayed/granted in the civil suit. In fact a holistic reading of the judgment of the Full Bench of this Court as also the Supreme Court in fact lays down that all aspects, including rectification of register of members, will be finally decided in the suit once seriously disputed questions of fact arise and that remedy of rectification of register of members by approaching the Company Court under Section 155 of the Companies Act is not the proper remedy.
11. In my opinion, the plaintiff can seek no benefit from the ratio of the judgment in the case of Mt. Munnabai (supra) wherein the facts were pertaining to a decision to be taken by a revenue officer under the C.P. Tenancy Act, 1920 and with respect to questions of title to be decided by the civil court, because as already observed above there is no requirement that in the present suit plaintiff cannot, and in fact should, seek the relief of rectification of register of members because rectification of register of members will have to be sought as a further relief after the plaintiff obtains the necessary declaration in the present suit. Reliance placed by the plaintiff upon the judgment of Mt. Munnabai (supra) therefore does not help the plaintiff and the cited such judgment will not apply to the facts of the present case.