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2020 (8) TMI 431 - HC - Companies LawMaintainability of suit - Jurisdiction of Civil Court to try the suit in view of specific bar under Section 430 of the Companies Act, 2013 - grant of ad-interim injunction in favour of the petitioner - whether Title Suit No.781 of 2019 is maintainable under the facts and circumstances of this case or that under various provisions of the Companies Act 2013 Civil Court’s jurisdiction is barred to entertain such suit? HELD THAT:- Section 9 CPC gives jurisdiction to try all suits of civil nature excepting those which are expressly or impliedly barred by any other law. A bar to file a civil suit may be expressed or implied. An express bar is whether statue it is contain a provision that the jurisdiction of a civil court is barred, as for example Section 430 of the Companies Act. An implied power may rise when a statue provides a special remedy to an aggrieve party like a right of appeal - Exclusion of civil court jurisdiction cannot be readily inferred on the ground of availability of remedy and forum under Special Act when the action in question was taken without complying with the provisions of the Act. The civil court’s jurisdiction cannot be said to be barred under the Law. Before I conclude, let me state few words about the nature of the dispute between the parties. Allegation against the petitioner is that the petitioner allowed an outstation cricketer to play second division cab league for defendant No.1 club though according to the rules of CAB no outstation player is permitted to take part in cricket during tournament on behalf of any club registered under CAB. It is also alleged that by engaging the said outstation cricketer the petitioner compelled the club to spent huge sum of money towards conveyance charges and stay of the said outstation cricketer - Importantly enough, till date CAB did not raise any allegation against defendant No.1 club. On the contrary, the petitioner also did not make his grievance challenging the memorandum of article or any resolution taken by the Board of Directors virtually altering the memorandum of articles or any other action of the defendant No.1 club or its Board of Directors which is prejudicial to him or any class of member or members at large. On the contrary, the allegation of the defendant is that the rules of natural justice procedure audi altarem partem were not given to him before passing an order of suspension. The learned District Judge, South 24 Parganas sitting in appellate jurisdiction failed to exercise her jurisdiction and the order passed by her to the extent regarding maintainability of the suit is liable to be set aside - revision allowed.
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