RAJENDRA MENON Vs. COCHIN STOCK EXCHANGE LTD

JUDGEMENT

(1.) Cochin Stock Exchange Limited, is a company incorporated under the Companies Act 1956 (for short 'the Act'). The appellant who claims himself a shareholder of the said company filed a petition before the original jurisdiction of this Court (Company Court) purportedly under S.257 of the Act praying for a direction to the

(2.) Sri. Joseph Vellappally, Advocate, who took notice on behalf of the first respondent - company, raised a preliminary objection regarding the maintainability of this appeal under S.5 of the Kerala High Court Act 1958. An appeal shall lie to a bench of two Judges from "a judgment or order of a single Judge in the exercise of original jurisdiction". Learned counsel contends that as the order has sprouted from a finding that the learned single Judge has no jurisdiction, it must be deemed that the order was not in exercise of original jurisdiction. The question of jurisdiction is also a matter for the court before which it is raised to decide. If the court decides that question in the negative, the decision is in exercise of the jurisdiction. Hence we hold that the appeal cannot be dismissed as not maintainable on that ground.

(3.) The appellant contended that learned single Judge has erred in holding that the petition filed before the company court cannot be entertained by the said court, since S.10 of the Act confers exclusive jurisdiction on the High Court to deal with all matters arising under the Act.