rajiv bharat bhesania another vs hardeep kaur chaggar another 2023 tzhccomd 262 4 august 2023

rajiv bharat bhesania another vs hardeep kaur chaggar another 2023 tzhccomd 262 4 august 2023

A petition under section 233(1) of the Companies Act is a suit subject to a six-year limitation period, not an application subject to 60 days. Non-joinder of BRELA and defects in verification are not fatal and can be cured. Both minority and majority shareholders may bring a petition under section 233(1). All preliminary objections lack merit and are overruled.

Citation
rajiv bharat bhesania another vs hardeep kaur chaggar another 2023 tzhccomd 262 4 august 2023
Parties
Petitioner: Rajiv Bharat Bhesania; Petitioner: Ekta Vinesh Karsanji; Respondent: Hardeep Kaur Chaggar; Respondent: Pamutitu Trust Company Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
4 August 2023
Procedural Posture
Miscellaneous Commercial Cause (petition Under Companies Act) / Ruling on Preliminary Objections
Outcome
All preliminary objections overruled with costs.
Legal Topics
Unfair Prejudice Petition, Limitation of Actions, Verification of Pleadings, Joinder of Parties, Minority and Majority Shareholder Rights
Source Language
English
Company Law Civil Procedure Unfair Prejudice Petition Limitation of Actions Verification of Pleadings Joinder of Parties Minority and Majority Shareholder Rights

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Parties

Rajiv Bharat Bhesania

Petitioner

Ekta Vinesh Karsanji

Petitioner

Hardeep Kaur Chaggar

Respondent

Pamutitu Trust Company Limited

Respondent

Procedural Posture

Miscellaneous Commercial Cause (petition Under Companies Act) / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the petition is time-barred under the Law of Limitation Act
  2. 2 Whether the petition is bad for non-joinder of BRELA
  3. 3 Whether the verification of the petition is defective

Ratio Decidendi

A petition under section 233(1) of the Companies Act is a suit subject to a six-year limitation period, not an application subject to 60 days. Non-joinder of BRELA and defects in verification are not fatal and can be cured. Both minority and majority shareholders may bring a petition under section 233(1). All preliminary objections lack merit and are overruled.

Court Disposition

All preliminary objections overruled with costs.

Orders

  • The grounds of objections raised by the 1st Respondent are hereby overruled with costs.
  • Parties are directed to proceed with the hearing of the Petition on the date and in the manner so appointed by the court.