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.
