S.R.HEALTH CARE SERVICE Vs. SHEETAL YADAV

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) This appeal is filed against the order dtd. 9/9/2024, whereby the suit preferred by the appellant has been dismissed on the ground that non- payment of proper Court fees.

(3.) The facts of the case, as projected in the present appeal, in brief are that plaintiff had filed a suit against the respondent/defendant for declaration and permanent injunction, wherein the suit was valued Rs.1,000.00 (Rupees One Thousand Only) and paid Court fees Rs.200.00 (Rupees Two Hundred Only). The plaintiff has made averments that appellant/plaintiff is a Private Limited Company, which is duly registered under Sub-Sec. (2) of Sec. 7 of the Companies Act, 2013. Initially in the year of 2013, the partnership firm was constituted by Mr. Sanjay Tiwari and one Dr. Sheetal Yadav for controlling the S.R. Hospital and later on, they agreed to upgrade the partnership firm as company, but subsequently, due to personal reasons Dr. Sheetal Yadav decided to separate herself from the partnership firm. Therefore, on 9/8/2019 one agreement between Mr. Sanjay Tiwari and Dr. Sheetal Yadav was executed in their personal capacity for deciding their rights and liabilities. Subsequently, dispute arose between the parties as Dr. Sheetal Yadav violated the terms of agreement and illegally took the equipment of the plaintiff's hospital in her possession and left the hospital along with many articles of the hospital including the cheque book, whereas the medical equipment was purchased by the plaintiff/appellant through loan taken from the concerned Bank and the same was not the personal property of any person. It is alleged that respondent/defendant had misused her position and refused the Bank loan and other liabilities of the S.R. Hospital. Subsequently, she misused the blank cheque of the plaintiff's company, thus, the act and action of Dr. Sheetal Yadav was reported by Mr. Sanjay Tiwari to the concerned authority (such as the concerned Bank as well as the Police Station) and also placed the matter before the Board of Directors of the company. Since the question agreement dtd. 9/8/2019 has not been executed by Mr. Sanjay Tiwari on behalf of S. R. Health Care Services Private Limited as he has no power to do something on behalf of the company without obtaining the prior approval from the Board of Directors of the company and therefore, S.R. Health Care Services Private Limited is not bound with the agreement, which was executed by the person in his personal capacity. In the said background, the Board of Directors of the company vide its resolution had authorized Mr. Sanjay Tiwari, one of Directors of the appellant's company to file the civil suit for declaration and injunction in respect of the question agreement dtd. 9/8/2019 which is not binding upon the plaintiff's company, the Civil Suit was filed before the Civil Court on behalf of the company for declaration and injunction and the same was registered as A/150/2021 in the Court of XIV th Civil Judge, Class-II, District- Durg (C.G.). The notices were issued by the learned Civil Judge Class-II, Durg to the respondent/defendant whereby she appeared and filed the written statement before the Trial Court and subsequently she had filed the application under Order 7 Rule 11 of the CPC and took her defence by raising the objection in the Civil Suit and the plaintiff gave the reply upon the said application wherein, the learned Civil Judge vide order dtd. 11/5/2023 decided the objection of the defendant and held that, the civil suit is maintainable in the light of the provision of Sec. 31 of the Specific Relief Act, 1963 as well as Sec. 9 of the Civil Procedure Code. However, the civil court reached in conclusion as looking into the value of the disputed agreement, the valuation of the Civil Suit is required to be valued as Rs.1,98,81,500.00 in the result, the learned Civil Judge had returned the Civil Suit on the ground as being outside the pecuniary jurisdiction of the Civil Judge Class-II, by order dtd. 11/5/2023. The plaintiff's company properly valued the civil suit as Rs.1,98,81,500.00 and presented the plaint before the District Judge, Durg on 6/7/2023 for declaration and injunction and affixed the prescribed Court fees for that purpose in accordance with law. The Civil Suit was registered as A/1095/2023.