HIGH COURT OF ANDHRA PRADESH

V. Timmappa

v.

M.G. Brothers Finance Ltd.

C.Y. SOMAYAJULU, J.

CIVIL REVISION PETITION NO. 714 OF 2006

JULY 16, 2007

Section 9 of the Code of Civil Procedure 1908 read with section 10 of the Companies Act, 1956 - Courts to try all civil suits unless barred - Whether provisions of section 10 of Companies Act, 1956, have application to suits for recovery of money filed by a company registered under said Act - Held, no - Whether since Companies Act does not contain provisions relating to recovery of money either lent by, or borrowed from, a company registered under provisions of said Act, and jurisdiction of civil court for recovery of money lent by or borrowed from company is not, either expressly or by implications barred by provisions of said Act, in view of section 9, CPC civil court will have jurisdiction to entertain suit for recovery of money filed by a company registered under Companies Act, from its debtors - Held, yes