Final Order 1

Order Details: Chamber summons
Pdf Text: MHCC010100382019
CNR NO. MHCC010100382019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.1769 OF 2019
IN
SUMMARY SUIT NO.1398 OF 2017
Anupam Dikshit ] … Plaintiff
V/s.
S. Kumars Nationwide Limited. ]
And
Om Prakash Agarwal ] ...Defendant.
Appearances :
Ld. Adv. Ms. Taniya Dsouza for plaintiff.
None for defendant.
CORAM : HIS HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 17th October, 2022
ORAL ORDER
1. The present Chamber Summons is taken out by the plaintiff
for adding official liquidator as party defendant in the present suit. It
was submitted by the plaintiff that as per the order dated 19.06.2019
official liquidator has been appointed in Company Petition No.294 of
2018 and an official Liquidator has been appointed. And therefore, in
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order to decide the matter and to avoid multiplicity of proceeding the
official liquidator be added as a party defendant in the present suit.
2. The Official Liquidator filed is reply and denied the
contention of plaintiff. It was submitted that the this Court has no
jurisdiction to try and entertain the present suit as the defendant
Company is in liquidation and liquidator is appointed by NCLT. The
Civil Court does not have jurisdiction to try any matter in which NCLT is
having jurisdiction and therefore, the present Chamber Summons be
dismissed.
3. Heard the Learned Advocate for plaintiff. The Advocate for
plaintiff relied upon Rajesh Kumar Aggarwal and Ors. Vs. K.K. Modi
and Ors., reported (2006) 4 Supreme Court Cases 385. The said
citation is in respect of the amendment. It has been observed that at
the time of deciding the application for amendment the correctness of
the amendment should not be considered.
4. After going through the submission raised by the plaintiff
and the reply of the official liquidator /respondents, it seems that the
plaintiff filed the present suit for recovery of the amount against the
defendant. Admittedly, the defendant Company has gone into
liquidation and an official liquidator has been appointed by the NCLT in
the Company Petition bearing No.CP(IV)294/NCLT/MB/2018 as per
Order dated 24.04.2018. Since all the proceedings of the defendant
Company are taken by the official liquidator, all the claims of the
creditors are to be taken up by the official liquidator. As per express bar
of Section 63 of the Code of Civil Courts are barred from entertaining
any suit or proceedings in respect of the matter over which NCLT has
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jurisdiction. Similarly, since Civil Court does not have jurisdiction to try
the suit, the official liquidator also cannot be added as a party
defendant to the suit. The plaintiff will have to appear before the
Liquidator to seek his claim and therefore, the present Chamber
Summons is not maintainable. I, therefore, proceed to pass the
following Order:
ORDER
1. Chamber Summons No.1769 of 2019 is dismissed.
2. Parties to bear their own costs.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 17102022 City Civil Court, Gr. MUMBAI
Dictated on : 17102022
Transcribed on : 21102022
checked on : 21102022
Signed on : 21102022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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ERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
21.10.2022 at 05.00 p.m.
UPLOAD DATE AND TIME
(VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge ( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Date of pronouncement of
judgment/order
17.10.2022
Judgment/order signed by P.O. on 21.10.2022
Judgment/order uploaded on 21.10.2022
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