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2013 (11) TMI 1543 - HC - Companies LawOppression and mismanagement - Scope of proceedings before the Company Law Board - Quasi Judicial Forum - CLB proceedings can be equated to suit (civil suit) - CLB to be considered as a Court or not - Simultaneous proceedings before CLB and Civil Court - HELD THAT:- Though section 10 uses the expression "suit", the principle behind section 10 would be applicable even to "proceedings". This is in view of section 141 of the Code. Section 141 makes it clear that the procedure prescribed by the Code in regard to suits, shall be followed, so far as it can be made applicable, in all proceedings in any court of civil jurisdiction provided the proceedings under Article 226 of the Constitution. Therefore, merely because the proceeding before CLB is not a suit, it cannot be said that section 10 would not apply, provided CLB is found to be a "court of civil jurisdiction" and the matter in issue therein is found to be directly and substantially in issue in a previously instituted suit. Another view is Section 4(1) that if any Special Law confers any power or prescribes any Special Form of Procedure, the same shall not be deemed to be limited or otherwise affected by anything contained in the Code. In other words, while construing the powers available to a Quasi Judicial Forum, under a Special Enactment, one must always keep in mind that the boundaries prescribed by the Code of Civil Procedure within which the Civil Courts are obliged to function, would not apply to the Forum created by the Special Enactment. In view of the above, the appeal is allowed and the impugned order of the Company Law Board is set aside and the Company Law Board is directed to proceed with the hearing of the company petition C.P.No.37 of 2011 and dispose it of in accordance with law, preferably in a manner that would put an end to the sufferings of the company, if not the sufferings of the applicant and the second respondent
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