Section 430: Civil court not to have jurisdiction

Companies Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2013
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Legal Commentary & Landmark Judgments: Section 430

Section 430 creates an absolute statutory bar ousting the jurisdiction of civil courts over any matter which the National Company Law Tribunal or Appellate Tribunal is empowered to determine.

  • Appellate Remedies & Forum: Section 430 enacts a total jurisdictional exclusion: No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Tribunal or the Appellate Tribunal is empowered to determine by or under this Act or any other law for the time being in force.
  • Limitation & Review Powers: No injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act or any other law for the time being in force, by the Tribunal or the Appellate Tribunal.

Section 430 establishes an absolute jurisdictional bar ousting civil courts, ensuring that company disputes, oppression claims, and corporate management issues are adjudicated exclusively by the NCLT.

Key Landmark Precedents:
  • Shashi Prakash Khemka v. NEPC Micon Ltd. (2019) 18 SCC 569: The Supreme Court delivered the landmark ruling on Section 430, establishing that Section 430 completely ousts civil court jurisdiction over all corporate matters—including share transfer disputes, title rectification under Section 59, and board disputes—entrusting exclusive jurisdiction to the NCLT.
  • SAS Hospitality Pvt. Ltd. v. Surya Constructions Pvt. Ltd. (2018) SCC OnLine Del 11909: The Delhi High Court held that the bar under Section 430 is absolute and comprehensive; civil courts cannot entertain suits challenging board resolutions, share allotments, or oppression, as the NCLT is the exclusive forum created by Parliament.
  • Embassy Property Developments Pvt. Ltd. v. State of Karnataka (2020) 13 SCC 308: The Supreme Court affirmed that the statutory bar under Section 430 preserves the specialized jurisdiction of corporate tribunals, preventing parallel civil litigation.
Legal Commentary:

The Supreme Court's ruling in *Shashi Prakash Khemka* eliminated the historic forum-shopping where litigants filed parallel civil suits in city civil courts alongside company board petitions. Any civil suit challenging director appointments, share allotments, board meetings, or oppression must be summarily rejected by civil courts under Order VII Rule 11 of the CPC as barred by Section 430.