RAJINDER PRASAD ARORA Vs. WINGS PHARMACEUTICALS PVT. LTD.

JUDGEMENT

(1.) The suit [CS(COMM) 461/2021] has been filed by the plaintiffs for specific performance of a Family Settlement/Agreement dated 23rd January, 2020 (for short, "Mediated Agreement"), which the plaintiffs claim had been arrived at between the plaintiffs and the defendants No.2 to 7 and the defendants No.14 and 15 for the division of the joint ownership, management and control of the various companies, partnerships and entities, under the "Wings Group" arrayed as defendants No.1, 10, 11, 12 and 13.

(2.) Mr. S.K. Sharma, learned counsel for the defendants No.1 to 15, raised two initial objections regarding the payment of the court fee as also the jurisdiction of this Court, claiming that Section 430 of the Companies Act, 2013 barred the jurisdiction of the civil court and the matter had to be heard by the National Company Law Tribunal (for short, "NCLT"). It may be noted that vide orders dated 21st September, 2021, this Court had directed the plaintiffs to file the requisite court fees on their own valuation of the suit at Rs.11 crores, which has been complied with.

(3.) In respect of the objection that the suit was barred under Section 430 of the Companies Act, 2013, Mr.Jayant Mehta, learned senior counsel for the plaintiffs, submitted that the suit was for the implementation of a Family Settlement and therefore, the suit was not barred. Reliance has been placed on the judgment of this Court in Dinesh Gupta and Others v. Rajesh Gupta and Others, 2018 SCC OnLine Del 12387 in this regard. It was submitted that in the said case, which involved a similar issue, it was held that the civil court had jurisdiction and the relief of injunction was also granted in favour of the plaintiffs therein.