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2016 (2) TMI 908 - KARNATAKA HIGH COURT

2016 (2) TMI 908 - KARNATAKA HIGH COURT - TMI - Forger of documents - scope of the jurisdiction of the CLB - Held that:- We do find that the CLB has observed that it has summary jurisdiction and the question of document being forged or the signature being forged or not, cannot be examined in the proceedings of the Company Petition and the CLB has further observed that such an exercise can be undertaken in the civil suit by the Civil Court.

The observations made by the CLB on the ques .....

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il Court on the said aspects will have wider jurisdiction vis--vis jurisdiction of the CLB which is a summary jurisdiction. We leave it at that, since the Civil Court is yet to examine the matter in accordance with law.

In view of the aforesaid, we find it appropriate to observe that the Civil Court in the proceedings of Civil Suit shall be at liberty to take an independent view of the matter on the basis of material and the evidence produced before it and the observations made by th .....

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after referred to as the CLB for short) in Company Petition No.37/2014, whereby the CLB has dismissed the petition. 2. We have heard Mr.Satish, learned Counsel appearing for the appellants and Mr.Udaya Holla, learned Senior Counsel for the respondents. 3. The principal grievance raised by the learned Counsel for the appellants is that the CLB on one end having found that whether documents are forged or not are beyond the scope of the jurisdiction of the CLB, since it has a summary jurisdiction, .....

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e learned Counsel for the appellants was that the observations made by the CL B may not operate as a bar or may not come in the way of the appellants in pursuing the remedy of civil suit. He therefore submitted that this Court even if not inclined to entertain the appeals on the subject matter, may make suitable observations for the pending aforesaid two suits enabling the appellants to pursue the civil suits in accordance with law. 5. Whereas the learned Senior Counsel appearing for the respond .....

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il suits and the power of the Civil Court to examine as to whether the signature or the documents are forged or not, the learned Counsel for the respondents could not dispute that the Civil Court has a wider power on the said aspects vis-à-vis the jurisdiction of the CLB which is a summary jurisdiction. 6. Having considered the aforesaid submissions made by the learned Counsel appearing for both the sides, we do find that the CLB has observed that it has summary jurisdiction and the quest .....

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the Civil Court. 7. However, it appears to us that the CLB proceeded to examine the question of limitation on the presumptive value of the document of the annual return filed on behalf of the Company from time to time on the premise that the documents are genuine unless otherwise proved to the contrary before the competent forum and the declaration so made by the competent Civil Court after considering the respective date of the documents for filing of the return and other related documents the .....

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sumption can always be rebutted. But in the present case, such rebuttal would be conclusive only if before the Civil Court it is proved that the documents were forged or that the signatures were forged and the declaration was so made by the Civil Court in the appropriate Civil Suit proceedings. Therefore, if the documents are found to be forged, naturally the question of limitation would vary and it will not remain only depending upon the date mentioned in the annual return filed on behalf of th .....

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any manner the jurisdiction of the Civil Court in the above referred two civil suits and further the consequential computation of the period of limitation. 10. Even otherwise also, as rightly observed by the CLB, the question of genuineness of forged document or forged signature could be examined in the proceedings of the Civil suit and there cannot be any dispute that the Civil Court on the said aspects will have wider jurisdiction vis-à-vis jurisdiction of the CLB which is a summary jur .....

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