M.S.D.Chandrasekar Raja vs M/S.Jayabharath Textiles Pvt. Ltd on 6 November, 2013
11. Similarly, in Guljarilal Kanoria vs. Loptchu Tea Company Ltd {2000 (102) Comp. Cases 292 (CLB)}, the Principal Bench of the Company Law Board again granted stay of its own proceedings, when it was brought to its notice that a civil suit was already pending on the file of the High Court of Calcutta. The Company Law Board pointed out that when the reliefs sought before both Forums are substantially the same, when the parties are also the same and the disputed issues requiring adjudication are also the same, it would be better to stay its proceedings, to avoid conflict of opinion. The said decision of the Company Law Board was upheld by a Division Bench of the Calcutta High Court by a decision rendered on 21.1.2000 in A.C.O. No.180 of 1999. While upholding the decision of the Company Law Board, the Division Bench of the Calcutta High Court pointed out that the proceedings before the Company Law Board cannot go on, without the Civil Court deciding the lis on merits.