Suit to declare notice dated 29.10.2020 issued to him by the petitioner / defendant is illegal - Issue to be decided is whether the matter comes under the purview of NCLT or not and for the same it needs elaborate trial - this stage the plaint cannot be rejected.

Citation 

2024-4-L.W. 288

IN THE HIGH COURT OF JUDICATURE AT MADRAS

09.07.2024/C.R.P.No.3934 of 2022 and C.M.P.No.20529 of 2022 P.Dhanabal, J.

The Chief Executive Officer and Secretary, Madras Race Club, Having its office at Post Box No.2639, Guindy, Chennai-600 032.

Petitioner/Defendant

Vs.

D.Selvam        ...Respondent/Plaintiff

Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the order dated 14.06.2022 passed by XIII Assistant City Civil Court, XIV Assistant City Civil Judge (FAC), Chennai in I.A.No.4/2021 in O.S.No.3962 of 2020.

Companies act, Section 430, civil court not to have jurisdiction

C.P.C., Order 7 rule 11, to reject plaint

Respondent filed a suit to declare notice dated 29.10.2020 issued to him by the petitioner / defendant is illegal and prohibiting the respondent / plaintiff's entry in the Madras race club including the benefit as a stand member para 2

Respondent / plaintiff is stand member of the petitioner club plaintiff is no way connected with the company and he can only enjoy the amenities of the club and he has no voting power As per the petitioner / defendant, the committee appointed by NCLT to investigate the matter in respect of membership only refers about the club members and there is no reference about the stand members

para 9

Civil court has no jurisdiction to entertain any suit or proceeding in respect of any matter which the tribunal or the appellate tribunal is empowered to determine any other law for time being in force In the case on hand the jurisdiction of Tribunal itself is in question since the respondent/plaintiff is a stand member and thereby the case needs elaborate trial

para 11

Issue to be decided is whether the matter comes under the purview of NCLT or not and for the same it needs elaborate trial Dispute in respect of the difference between the Stand Member and the club member of the defendant club has to be decided only after full trial and at this stage the plaint cannot be rejected

para 17