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2018 (11) TMI 1409 - Tri - Insolvency and BankruptcyInitiation of Corporate Insolvency Resolution Process - maintainability of application before this Tribunal - place of circle office to confer jurisdiction on the Tribunal - default of payment of operational debt - Held that:- The operational creditor shown in Form 5, the circle office address of the corporate debtor as if it is its registered office. The demand notice in Form 3 was sent to the corporate debtor to three address. One of the address is at Gurgaon State of Haryana. It is true the Tribunal in whose jurisdiction registered office of the corporate debtor is situated an application under section 9 of I&B Code is to be filed before the said Tribunal. The place of the registered office of the corporate debtor confers jurisdiction on the Tribunal for application filed under section 9 of I&B Code. Circle office of the corporate debtor can’t be taken for initiating action against corporate debtor under section 9 of the code by the operational creditor. May be the circle office of the corporate debtor is in Hyderabad. However the place of circle office can’t confer jurisdiction on the Tribunal to proceed against corporate debtor. The place of registered office of corporate debtor is deciding factor regarding jurisdiction according to section 61 of I&B Code. Corporate debtor filed a copy of order passed by R.D at Page 109 of preliminary objections that the registered office of corporate debtor was shifted from New Delhi to Gurgaon State of Haryana. The registered office of corporate debtor was originally at New Delhi. It is clear from lease deed which is relied by the operational creditor. As on the date of filing the present petition. The registered office of the corporate debtor is situated at Gurgoan State of Haryana. Therefore operational creditor can’t maintain this application filed under section 9 of I&B Code in this Tribunal. Operational creditor has to file application against corporate debtor before concerned NCLT having jurisdiction over the place of registered office of corporate debtor.
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