KASHI NATH SETT Vs. SADHU CHARANSETT

JUDGEMENT

(1.) The present application under Article 227 of the constitution of India is directed against the order dated 17thApril 2021passed by the Learned Civil Judge (Senior Division), 1st Court at Howrah in Title Suit No. 254 of 2015 whereby andwhereunder the Court below was pleased to reject defendant/Petitioner's application under order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC).

(2.) The said Suit was institutedby the plaintiffs/oppositeparty no 2 &3 claiming inter-alia a decree for declaration to the effect that the plaintiffs are entitled to have an access to and enter into the premises no 327, N.S. road, Howrah wherefrom the business is being carried on in the name of the opposite party no. 1. In the said suit, the plaintiffs/Opposites parties also claimed interalia a decree for declaration to the effect that the defendants are obliged to disclose to the plaintiffs, the day to day cash balances in relation to the business run in the name of the opposite party no. 1 along with a decree for discloser of accounts and a decree for perpetual injunction.

(3.) The defendants /petitioners hadfiled written statement in the said suit denying all material allegations. Long after filing the written statement the defendants/petitioner took out said application under order VII Rule 11 on the allegation that the court below had no jurisdiction to entertain the suit since the said suit is barred under Sec. 430 of the Companies Act, 2013. The plaintiffs/opposite parties filed written objection against the said application and it was heard by Learned Court below in presence of both the parties anduponhearing the said prayer was rejected by the order impugned.