2021 (7) TMI 1402 - HC - Corporate Laws
Territorial jurisdiction of the Court to entertain this writ petition - the office has taken an objection with regard to the territorial jurisdiction as the respondent No.1/National Company Law Tribunal is situated at Ahmedabad and outside the territorial jurisdiction of this Court - HELD THAT:- Undisputedly, no original order has been passed by any authority in the State of Madhya Pradesh which was taken to the NCLT at Ahmedabad by the aggrieved party. Merely because the petitioner is situated in Madhya Pradesh or the fact that the NCLT at Ahmedabad which passed the impugned order on account of notification passed by the Central Government on 31.01.2020 was now vested with all the cases which would otherwise have been tried by the NCLT at Indore, cannot give jurisdiction to this Court, in view of Article 227 of the Constitution, where High Courts have been vested with the authority of superintendence over all Courts and Tribunals within the territory to which its power extends, precludes this High Court from entertaining the present writ petition on the ground of lack of territorial jurisdiction.
As the original order itself has been passed by the NCLT at Ahmedabad and there being no other order which has been passed by any authority in Madhya Pradesh by which the petitioner herein was aggrieved by, it would only be the High Court of Gujarat that would have jurisdiction to entertain the present petition.
This petition is dismissed for want of territorial jurisdiction.