SHAZIA REHMAN Vs. ANWAR ELAHI

JUDGEMENT

(1.) This application is filed by the applicant under Order VII Rule 10 and 11 CPC read with Sec. 151 CPC seeking rejection of plaint. The plaintiff has filed the suit as a commercial suit under the Commercial Courts Act, 2015 seeking relief of declaration, permanent and mandatory injunction with regard to 4556 shares, got transferred by defendant no.1 in his favour. The defendants no.1 and 2 have challenged the maintainability of the present suit as a commercial suit under the Commercial Courts Act, 2015.

(2.) It is submitted as per definition of 'commercial dispute' as provided in Sec. 2(1)(c)(xii) of Commercial Courts Act, 2015 only disputes arising out of shareholders agreement with regard to shares shall be commercial disputes but in the present suit there is no shareholders agreement being entered into between the parties, hence it cannot be treated as a commercial suit.

(3.) It is submitted present suit relate to a family dispute between the family of defendant no.3- the father-in-law of plaintiff on the other hand and family of defendant no.1. It is submitted the plaint be rejected as the case pertain to rectification of register of members, hence only the NCLT shall have the jurisdiction and per Sec. 430 of Companies Act no civil suit is maintainable for rectification of the shares. Ss. 59, 424 and 430 of the Companies Act are as under: