MOHAMMAD RAFIQ,J. - (1.) This revision petition has been jointly preferred by plaintiff-petitioners Gaurav Jain and Gaurav Mathur (for short, 'the revisionists'), assailing order dated 03.08.2015 passed by Additional Civil Judge (West), Jaipur Metropolitan, and order dated 05.01.2016 passed by learned Additional Sessions Judge No.17, Jaipur Metropolitan. By first of these orders, application filed by defendant-respondents under Order 7, Rule 11 (d) read with Section 151 of Code of Civil Procedure, has been allowed and civil suit filed by plaintiff-petitioners against defendant-respondents seeking declaration, perpetual injunction and monthly mesne profit, has been dismissed as barred by law. By second order, appeal filed by revisionists against aforesaid order, has been dismissed and order passed by the trial court has been upheld.
(2.) The revisionists filed the suit stating that defendants have committed forgery in the management of the Jaipur Investment Limited company. Defendants have changed share holding of said company from time to time as per their own convenience and that they appointed Directors of said company contrary to rules and regulations. It was prayed that declaration be made that share allotment return on the basis of rights of 1990 of the Jaipur Investment Limited Company is correct. Action of defendants in enhancing issued share capital and share holdings of said company from Rs. 3,50,000/- (in the year 1965) to Rs. 7,00,000/- by way of rights issue by adopting current procedure and on that basis showing increased share capital to the extent of Rs. 1,50,000/-, without issuing the right share, be declared illegal and void-ab-initio. Defendants be restrained from working as Directors, auditors, representatives etc. of the company and be further restrained from parting with possession, selling or otherwise alienating the same by way of lease, agreement or sale and changing the character of properties, and they be further restrained from raising any construction on Plot No. S-5, Kabir Marg, Bani Park, Jaipur. A further declaration was sought to the effect that since the company has not been revived in accordance with law despite order of this court dated 21.03.1990 and that all the unauthorized filings, prepared with forgery, which have wrongly been placed on record of the Registrar of Companies, Jaipur, and displayed on Internet on the Portal M.C.A. of defendants no.10 and 11, be declared void-ab-initio.
(3.) Defendant-respondents filed an application under Order 7, Rule 11 (d) of the CPC contending that the suit was barred by provisions contained in Sections 268, 430 and 480 of the Companies Act as the subject matter of the dispute lies within the jurisdiction of Company Tribunal as per provisions of Sections 241 and 242 of the Companies Act. The suit, being barred by law, is liable to be dismissed by virtue of provisions contained in Order 7, Rule 11 (d) of the CPC. Learned trial court accepted the application and dismissed the suit. Learned appellate court also upheld the aforesaid order of the trial court. Hence this revision petition.;