INTER SALES Vs. RELIANCE INDUSTRIES LIMITED

JUDGEMENT

(1.) This appeal is directed against the order dated 23-12-1997, passed by the City Civil Court at Calcutta, rejecting the application filed by the plaintiff-appellant under Order 39, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 ('the Code') on the ground that the matter relates to loss of equity shares and consequential reliefs and in view of the provisions of Section 84 of the Companies Act, 1956 ('the Act') and the provisions of the City Civil Courts Act, particularly, item 10 of the First Schedule, such type of matter is not triable in the City Civil Court but is under the exclusive jurisdiction of this court, that is, the High Court.

(2.) We have heard Shri P.P. Banerjee, Advocate for the appellant and Shri P.C. Sen, Advocate on behalf of the respondents, Shri Banerjee submits that the Act does not provide for adjudication of the dispute that has arisen between the parties and the jurisdiction of the City Civil Court vested in it by Section 9 of the Code is not ousted by any provision in the Act. On the other hand, Shri Sen submits that a combined reading of Sections 2(11), 10 and 84 of the Act would show that it is the Company Court that has jurisdiction with respect to any matter relating to a company and since the subject-matter of the suit relates to a company, it is the Company Court that has the exclusive jurisdiction to deal with the matter.

(3.) Section 84(4), makes provision, inter alia, for issue of a duplicate certificate as under :