Case Law Details
Dharmik Coal Private Limited Vs Maitri Valuation Private Ltd And Anr. (Calcutta High Court)
The plaintiff stated that it had purchased a property at Gandhinagar, Gujarat, from Bharat NRE Coke Limited through a registered deed dated 28.02.2019. Bharat NRE Coke Limited was undergoing insolvency proceedings before the National Company Law Tribunal (NCLT), Kolkata Bench. The suit sought a declaration that the valuation report dated 26.06.2023, prepared by the defendant valuer at the instance of the Liquidator appointed by the NCLT, was invalid. The plaintiff also claimed damages, alleging that the defendants had entered its property without consent to prepare the valuation report, thereby committing a civil wrong through trespass.
The Court noted that the defendant valuer had its registered office at Gandhinagar, Gujarat, the valuation report related to property situated in Gujarat, the plaintiff had neither engaged the valuer nor received the valuation report at its Kolkata office, and the valuation report formed part of the pending liquidation proceedings before the NCLT.
In these circumstances, the Court held that it lacked territorial jurisdiction to receive, try and determine the suit. It also held that there was a statutory bar to entertaining a suit relating to a valuation carried out pursuant to directions issued by the NCLT. Accordingly, the Court directed that the plaint be returned to the plaintiff for presentation before the appropriate forum in accordance with law. As the plaint had been filed with deficient court fees, no refund of court fees was directed. The department was directed to deregister the suit after completion of formalities.
FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT
The plaintiff says that it had purchased a property at Gandhinagar, Gujarat which belonged to Bharat NRE Coke Limited on 28th February, 2019 for valuable consideration by a registered deed. Bharat NRE Coke Limited is facing an insolvency proceeding before the National Company Law Tribunal, Kolkata Bench, Kolkata (in short ‘NCLT’). In this suit the plaintiff has asked for declaration of a valuation report dated 26th June, 2023 prepared by Maitri Valuation LLP, the defendant no.1 at the instance of the Liquidator of Bharat NRE Coke Limited appointed by the NCLT in connection with the pending proceedings against Bharat NRE Coke Limited. The plaintiff has also sought for a decree for damages against the defendants inter alia for having entered the plaintiff’s property purchased from Bharat NRE Coke Limited without its consent in an unauthorised manner to prepare the valuation report and thereby committing civil wrong due to trespassing in the property.
The defendant no.1 is a company having its registered office at Gandhinagar, Gujarat outside the jurisdiction of this Court. The Valuation report is in respect of a property also situate at Gujarat. The plaintiff did not engage the Valuer nor the valuation report was submitted to the plaintiff at its office at Kolkata by the defendant no. 1. The valuation report challenged by the plaintiff is the subject matter of the pending liquidation proceedings before the NCLT.
In the aforesaid facts and circumstances, this Court finds lack of territorial jurisdiction to receive, try and determine the suit, apart from there being a statutory bar to entertain a suit relating to valuation made by the defendant no.1 pursuant to directions given by the NCLT.
The plaint is, therefore, directed to be returned to the plaintiff for being filed before the appropriate forum in accordance with law.
The plaint has been filed with deficit court fees and as such, there is no question of refund of the court fees. The department is directed to deregister the suit number allotted on the plaint on being filed in the Central Filing Department of this Court upon completion of all formalities to return the plaint so that the same is not shown to be a pending proceeding before this Court.
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