Supreme Court · 1998 INSC 347 · Decided 4 September 1998
Ammonia Supplies Corporation (P) LTD. v. Modern Plastic Containers PVT. LTD. and ORS.
- Court
- Supreme Court of India
- Citation
- 1998 INSC 347 · [1998] SUPP. 1 S.C.R. 413
- Case number
- CIVIL APPEAL No. 5152/1995
- Decided
- 4 September 1998
- Bench
- G.B. PATTANAIK, AJAY PRAKASH MISRA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- Companies Act Section 155, 446, 2(JJ), 10
Headnote
CORPORATION (P) LTD. v. MODERN PLASTIC CONTAINERS PVT. LTD. AND ORS. SEPTEMBER 4, 1998 [G.B. PATTANAIK AND A.P. MISRA, JJ.) Companies Act, 1956: Sections 155, 446, 2(JJ) and 10. Company Cowt:-Jurisdiction of-Nature and scope-Held: Summary not exclusive in nature-Company court has to adjudicate relates to peripheral field of rectification then Company Court has exclusive jurisdiction and jurisdiction of civil court is implicitly barred-Other­ wise jurisdiction of civil court is not barred-Jurisdiction of Company Judge under S. 446 is discretionary. Sections 155 and 446-Scope
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