TMI Blog1990 (1) TMI 251X X X X Extracts X X X X X X X X Extracts X X X X ..... mpany to circulate exhibit P-2 notice among its members. The learned single judge, after finding that the petition is not maintainable in the company court, dismissed the same as per the judgment which is challenged in this appeal. According to the learned single judge, the company court has no jurisdiction to grant the relief on the petition filed by the appellant Sri Joseph Vellappally, advocate, who took notice on behalf of the first respondent-company, raised a preliminary objection regarding the maintainability of this appeal under section 5 of the Kerala High Court Act, 1958. An appeal shall lie to a Bench of two judges from "a judgment or order of a single judge in the exercise of original jurisdiction". Learned counsel contends th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing director) to be eligible for appointment to the office of director at any general meeting, if he has left, at the office of the company, a notice in writing, under his hand, signifying his candidature for the office of director, not less than fourteen days before the meeting. The appellant contends that, if the letter is not circulated, he is entitled to compel the company to do so through the company court. Section 2(11) of the Act defines "the court" with respect to any matter relating to a company (other than any offence against the Act) as the court having jurisdiction under the Act with respect to that matter relating to that company, as provided in section 10. Evidently, a definition clause is not intended to confer jurisdiction o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct has been brought to our notice as specifying expressly or impliedly that an application to compel a company to comply with the requirements in section 257 will lie in the company court. The Act specifies certain questions or disputes to be resolved by the Central Government, certain others by the Company Law Board and certain matters to be dealt with by the company court. Only such matters as are specified in the Act or in the rules to be dealt with by the court could the company court deal with. The jurisdiction of the ordinary civil court can be regarded as impliedly barred in respect of those matters specified in the Act to be dealt with by the court. It cannot be held that the jurisdiction of the civil court in respect of all other m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disputes are capable of being resolved by them". The learned judge also observed that it is difficult to construe the definition clause under section 2(11) or even section 10 as one conferring jurisdiction exclusively or otherwise. Section 10 of the Act does not purport to invest the company court with jurisdiction over every matter arising under the Act. Where a wrong is done by an individual member, he could insist by recourse to a civil suit. In the said case, an application was filed before the company court for compelling the company to hold the annual general meeting, since section 166 of the Act imposes such a duty on the company. It was held that such an application is not maintainable in the company court as the Act does not spe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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