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2019 (8) TMI 1628 - Tri - Companies LawTerritorial Jurisdiction - whether the impugned ex parte order dated 12.06.2019, affecting the interest of Applicants/ Respondents are liable to be vacated or not mainly on the ground the Tribunal lacks territorial jurisdiction on the Applicants Companies? - HELD THAT:- Section 1 (4) of the Companies Act, 2013, which says that the provisions of this Act shall apply to the Companies incorporated under this Act or under any previous Company law; insurance Companies except in so far as the said provisions are inconsistent with the provisions of the Insurance Act, 1938 or the Insurance Regulatory and Development Authority Act, 1999, banking Companies, except in so far as the said provisions are inconsistent with the provisions of the Banking Regulation Act, 1949, companies engaged in the generation or supply of electricity, except in so far as the paid provisions are inconsistent with the provisions of the Electricity Act, 2003 or any other Company governed by any special Act for the time being in force, except in so far as the said provisions are inconsistent with provisions of such special Act, and such body corporate, incorporated by any Act for the time being in force, as the Central Government may by notification, specify in this behalf, subject to such exceptions modifications or adaptation, as may be specified in the notification etc. The Contention of the Learned Counsel that since the main Company petition is filed under Sections, 210, 213, 219 of Act by inter alia seeking investigation in the affairs of Applicants/ Respondents, and by virtue of Section 228 of Act, the Tribunal is having extra jurisdiction over the affairs of foreign Companies, Applicants/ Respondent herein, is farfetched argument, and it is not all tenable and it is without any basis. The Tribunal cannot expand its territorial jurisdiction on the alleged principle of defacto/ de jure relationship between the Respondent No. 1 Company and Applicants/ Respondents. When the Tribunal do not have jurisdiction over the affairs of Applicants/ Respondents herein, it cannot have any right to lift corporate veil so as to see alleged acts of Oppression and Mismanagement and to order any investigation into their affairs. It is not in dispute that the Applicants/ Respondents are foreign legal entities having incorporated and governed by their respective laws and they are not amenable to Indian Laws. Therefore, we agree with the contention of the Learned Senior Counsels for the Applicants/ Respondents that the Tribunal do not have any jurisdiction to interfere in their affairs by passing any interim order (s) and thus the impugned interim order is liable to vacated with immediate effect. Since the parties have not completed their respective pleadings to the main Company Petition, we are not directing the Petitioner to delete the Applicants/ Respondents at present, and it will be considered at the time of final hearing of the case. Petition disposed off.
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