“…The dispute between the parties was eminently a civil dispute and not a dispute under the provisions of the Companies Act. Section 9 of the Code of Civil Procedure confers jurisdiction upon the civil courts to determine all disputes of civil nature unless the same is barred under a statute either expressly or by necessary implication. Bar of jurisdiction of a civil court is not to be readily inferred. A provision seeking to bar jurisdiction of a civil court requires strict interpretation. The court, it is well settled, would normally lean in favour of construction, which would uphold retention of jurisdiction of the civil court…”
Dwarka Prasad Agarwal (D) by Lrs. and Anr. vs. Ramesh Chander Agarwal and Ors. : (2003) 6 SCC 220
cited with approval in Bhagubhai Dhanabhai Khalasi and Anr. vs. The State of Gujarat and Ors., 2007 (5) SCALE 357.
