Birendra Kedia vs Smt. Santosh W/O Late Sh. Mohan ...
2022 Latest Caselaw 7462 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Revision Petition No. 252/2022

Birendra Kedia & ors.
                                                                  ----Petitioners
                                   Versus
Smt. Santosh W/o Late Sh. Mohan Singh Saanju, & Ors.
                                                                ----Respondents

For Petitioner(s)         :    Mr. Maneesh Sharma
For Respondent(s)         :



            HON'BLE MR. JUSTICE SUDESH BANSAL

                                    Order
24/11/2022

1. Counsel for petitioners has argued that from perusal of

plaint, it is clear that plaintiff has filed present civil suit in the

capacity of being wife of deceased Mohan Singh Saanju, who was

the then Director of the company, namely Prestige Mini Township

Pvt. Ltd. It has been pleaded in the plaint that company entered

into an MOU and an agreement dated 06.01.2010, in order to

purchase an agricultural land of Khasra No.10 measuring 24 bigha

situated at Village Sukhaalpura, Tehsil Sanganer District Jaipur,

and there was 75% sharing of the company in the purchased

agricultural land. It has also been pleaded that the agricultural

land came to be acquired by the Rajasthan Housing Board,

however, plaintiff has prayed for a decree of permanent injunction

for not transferring the agricultural land.

2. Counsel for petitioners has further pointed out that in para

No.5 of the plaint, it has been pleaded that defendants have

illegally converted the private limited company into a Limited

Liability Partnership (LLP) and in the prayer clause plaintiff has

(2 of 2) [CR-252/2022]

prayed for a decree to declare the registration of Company as LLP

as null and void.

3. Counsel for petitioner has argued that as far as prayer for

permanent injunction in respect of agricultural land is concerned

the same has virtually redundant and as far as prayer for

declaration of LLP as void is concerned, the same is virtually

prayer for seeking dissolution of company itself. He submits that

from perusal of pleadings of the plaint and cause of action alleged

to accrue, the subject matter in issue of the present suit is not

amenable to be triable by the civil court as jurisdiction of the civil

court is expressly barred by virtue of Section 430 of the Company

Act. That apart, for seeking dissolution of LLP, the jurisdiction lies

before the NCLT (National Company Law Tribunal) according to the

Section 63/72 of the L.L.P Act, 2008.

4. Counsel for petitioners further argued that as far as

judgment delivered by Delhi High Court in case of Aanchal Mittal

Vs. Ankur Shukla [(2022) SCC Online Del 633] relied upon by

the trial court in the impugned order is concerned, the same is in

different context and is not applicable to the facts of present case.

5. Heard.

6. Issue notice to respondents.

7. In the meanwhile, further proceedings of Civil Suit

No.924/2022 pending before the Additional Civil Judge &

Metropolitan Magistrate No.18, Jaipur Metropolitan I, Jaipur, shall

remain stayed.

(SUDESH BANSAL),J

SACHIN/1

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