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2019 (5) TMI 1784 - Tri - Insolvency and BankruptcyInstitution of the suit or other legal proceedings on behalf of the Corporate Debtor under Liquidation - Courts/Tribunals situated within the jurisdiction of NCLT ordering the Liquidation - section 60(5) of the IBC, 2016 - the applicant has sought permission under section 60 (5) of IBC,2016 permitting him to apply within the jurisdiction of NCLT, Mumbai even though the Registered Offices of the defaulter Corporate Debtors are situated in different states and jurisdiction lies in different NCLT, Benches - HELD THAT:- It is to be clarified that as per the statutory provision, case against the company can be filed where the registered office of the company is situated. This statutory provision provides the jurisdiction, and it cannot be changed under the guise of section 60(5) of the Code. While exercising the jurisdiction under section 60(5), the jurisdiction of other benches cannot be shifted to Mumbai Bench where the registered office of liquidating company lies. It is beyond the scope of this Bench to shift the jurisdiction of specified cases to Mumbai Bench under the guise of section 60(5) of the Code. Application dismissed.
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