The petitioners lament that the respondent is simultaneously prosecuting proceedings before two forums for the same relief. It is contended that the relief in the civil suit as well as in another petition before the Company Law Board are almost identical. The plea in essence is that the suit is not maintainable under such circumstances.
2. The remedy of the petitioners is to make a motion in the Court below under Order XIV Rule 2 of the Code of Civil Procedure. The petitioners can as well point out as to whether there is a bar to the suit created by any law or that the jurisdiction of the civil court is barred. Any such motion made by the petitioners shall be dealt with by the Court below in accordance with law.
3. The motion if any made by the petitioners within one month from today shall be dealt with by the Court below within one month thereafter. Further proceedings in the suit shall O.P.(C) No. 4004 of 2013 2 continue dependent on the orders passed on the application under Order XIV Rule 2 of the Code of Civil Procedure.
4. The petitioners expressly withdraw their contentions against the order allowing re-opening of evidence by the Court below.
The Original Petition is disposed of.
V.CHITAMBARESH JUDGE DCS