9911796707
TMI Blog2007 (7) TMI 415X X X X Extracts X X X X X X X X Extracts X X X X ..... ts 2 to 4 and the revision petitioner and filed E.P. for executing the said decree. Revision Petitioner filed an objection stating that inasmuch as the decreeholder i.e., first respondent is a Company, Civil Court has no jurisdiction to entertain the suit or execute the decree, and so, the decree passed is without jurisdiction and cannot be executed in view of section 10 of the Companies Act. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, it is only the High Court or the District Court concerned that can entertain the suit filed by the first respondent and so, the decree passed by the Court of the Principal Junior Civil Judge is non est in law and cannot be executed. 3. I am unable to agree with the contention of the learned counsel for the revision petitioner that inasmuch as section 10 of the Companies Act lays down that 'the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... visions of that Act. So, in view of section 9, CPC, Civil Court will have jurisdiction to entertain suits for recovery of money filed by a Company registered under the provisions of the Companies Act. For that reason and since the jurisdiction of Civil Court for recovery of money lent by or borrowed from the Company is not either expressly or by implication barred by the provisions of the Companie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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