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2020 (2) TMI 1659 - HC - Companies LawDeclaration, perpetual injunction and possession - edifice of the suit is constructed on the premise that the suit properties were owned by Kalpita Builders Private Limited and could have been alienated only with the consent of two Directors or the majority of Directors - HELD THAT:- Section 430 is brought into force with effect from 01st June, 2016, vide Notification No. SO 1934(E), dated 01.06.2016. The submission of the plaintiff, that the jurisdiction of the Civil Court is barred, is on the premise that in view of the coming into force of Section 430, the jurisdiction of the Civil Court is barred, since the NCLT is empowered to deal with and decide the issues framed by the trial Court. It is not even the case of the plaintiff that the Civil Court did not have the jurisdiction to decide the suit. Indeed, the plaintiff invited the Civil Court to decide the legality and validity of the sale deeds executed by Respondent No.1 in favour of Respondents No.2 to 19 and agreement to sell in favour of defendant no.20. The submission is, that the amended provisions of the Act came into force during the pendency of the appeal and, therefore, the appellate Court ceased to have jurisdiction over the matter - the provisions, on which the plaintiff is heavily relying, came into effect from 01.06.2016. Even according to the plaintiff, the Civil Court did have the jurisdiction when the suit came to be decided. If this be so, the fact that Section 430 of the Act has come into effect during the pendency of the appeal, would not necessitate return of the appeal for being presented before the NCLT. Petition dismissed.
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