Home Case Index All Cases Companies Law Companies Law + SC Companies Law - 1998 (9) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1998 (9) TMI 427 - SC - Companies LawWhether in the proceedings under section 155 of the Companies Act, the Court has exclusive jurisdiction in respect of all the matters raised therein or have only summary jurisdiction? Held that:- Appeal partly allowed. As gone through the judgment of the High Court it has rightly held the law pertaining to the jurisdiction of 'Court' under section 155 and even referred to some of the documents of the appellant but concluded since they are disputed and said to be forged hence directed for seeking leave if advised for suit. We feel it would have been appropriate if the Court would have seen for itself whether these documents are disputed and any document is alleged to be forged whether it said to be so only to exclude the jurisdiction of the court or it is genuinely so. Similarly we feel appropriate while deciding this the court should take into consideration the submissions for the respondents, whether it would come within the scope of rectification or not in the light of what we have said above. Since the High Court has not examined this case in the aforesaid light, we feel it appropriate to direct the High Court to decide this question in the light of what we have said afresh
|