Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + AT Insolvency and Bankruptcy - 2018 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (10) TMI 1951 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHITerritorial Jurisdiction - Appellant being located at Delhi, National Company Law Tribunal, New Delhi - registered office of Corporate Debtor is situated at Haryana - HELD THAT:- It is clear that the Adjudicating Authority in relation to ‘insolvency resolution and liquidation for corporate persons including corporate debtors and personal guarantors thereof’ shall be the National Company Law Tribunal having territorial jurisdiction that means that it will be the Corporate Debtor against whom the resolution process or liquidation is initiated, the National Company Law Tribunal has the jurisdiction, Adjudicating Authority having jurisdiction to entertain such application. It is not in dispute that with regard to Corporate Debtor whose registered office is situated in Haryana, the National Company Law Tribunal Chandigarh has been made the Adjudicating Authority. In the present case, the Corporate Debtor/ Corporate Person’s registered office is situated in Gurgaon, Haryana, therefore, the Hon’ble President, NCLT for New Delhi Bench (Adjudicating Authority) rightly observed that petition at New Delhi is not maintainable - appeal dismissed.
|