MANJU KAWAR Vs. PRAGEET SHARMA AND ORS.

JUDGEMENT

(1.) Defendant No.1 Ms. Manju Kawar, petitioner herein, has challenged order of the lower court of 05.01.2015, whereby her application under Order VII Rule 11 CPC read with Section 151 CPC for rejection of the plaint, being devoid of merits, was dismissed.

(2.) A suit between private parties initiated by plaintiff Prageet Sharma, respondent herein, for seeking a decree of declaration and permanent injunction is pending adjudication before the Court below. Main plea of the petitionerdefendant in this revision petition is that in view of Section 446 of the Companies Act, 1956, the suit against the company is not maintainable except by leave of the Tribunal, once a winding up order has been made or the Official Liquidator has been appointed as a provisional liquidator.

(3.) Perusal of the paper book as also impugned order leaves no manner of doubt that the suit is not against any company. Rather, the main contesting parties are neither directors of any company nor as on date have any right, title or interest in the company which is under liquidation. Merely because the sale deed dated 30.12.2013 under challenge in the suit is by the said company, ipso facto, is no ground to hold that the suit is against the company.