TMI Blog1962 (2) TMI 29X X X X Extracts X X X X X X X X Extracts X X X X ..... uit has been valued by the plaintiffs at Rs. 1,300 and, obviously, there fore, this court will have no jurisdiction to entertain this suit. The suit is filed by the plaintiffs for rectification of the register of members maintained by the defendant No. 1 company, alleging that the latter had wrongfully refused to register in their names certain shares in respect of which they had submitted to the company a duly completed transfer form. It is not necessary for me to set out the various allegations that have been made by the plaintiffs in the plaint in support of their contention that they are entitled to call upon defend ant No. 1 company to rectify the register of members and register the transfer of the shares in question in their names. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e purpose of the relief contemplated by that section and that, therefore, it was immaterial whether the proceeding adopted for the purpose of that relief was either by way of a petition or a suit, Mr. Gupte further urged that, in any event, I should treat the suit as a petition and proceed to decide the respective contentions of the parties. Now it is clear to my mind that even for the relief contemplated by section 155 of the Companies Act, 1956, a suit would be a primary remedy under the general law. The relief which is contemplated by that section is one which would be available at common law as well, because, after all, relief at common law would be one which would arise by assertion of a right on the part of one party and denial ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not bound to give the relief under that section in that proceeding if it finds that complicated questions of facts and law are involved. It has got the power to direct the party concerned to a civil court and to file a proper action for the purpose of securing the relief which he seeks in the summary proceeding This direction is given by the court in exercise of its discretion because it is the civil court which has got the jurisdiction to decide all such matters in the first instance and it is only by way of a summary remedy that a party can proceed by an application or a petition under section 155 of the Companies Act, 1956. A reference may be made in this connection to Mohideen Pichai v. Tinnevelly Mills Co. AIR 1928 Mad, 571 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts ordinary original civil jurisdiction, his is precisely the difference between the "High Court" so far as the proceedings under section 155 of the Companies Act, 1956 is concerned and the "High Court" which would entertain the suit in which the relief contemplated by, that section is asked for. (In my opinion) therefore, this suit valued, as it is at only Rs. 1, 300 does not fall within the scope of the pecuniary jurisdiction of this court. Such a suit is exclusively triable by the City Civil Court] and since the provisions contained in rules 10 and 11 of Order VII of the Civil Procedure Code do not apply to the High Court by virtue of the provisions of rule 3 of Order XLIX of that Code, the only alternative that is left to me is to dismi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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