Home Case Index All Cases Companies Law Companies Law + HC Companies Law - 2019 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (12) TMI 292 - HC - Companies LawTerritorial Jurisdiction to entertain the appeal - proceeding under Section 7 of the Insolvency & Bankruptcy Code, 2016 - HELD THAT:- When the application for recalling was admitted by the learned Tribunal and a prima-facie finding is on record to the effect that the registered office of the company was in Odisha. However, by the order impugned, the Tribunal has found that as the petitioner was in knowledge of the proceeding and had received communication by e-mail about the proceeding, then the same should have been contested. It also appears from the order that the Tribunal recorded that it had the territorial jurisdiction to hear the application when the same was filed by the financial creditor. Prima facie, it is found from the records that the registered office of the company shifted to Odisha on January 16, 2018 and the application of the opposite party bank was filed on January 9, 2019. The NCLT, Odisha, was notified on July, 15, 2018. The order of admission was passed on September 5, 2019. The petitioner is directed to serve a copy of the application upon the opposite party by speed post with A/d and file affidavit of service on the next date - List this matter on December 20, 2019.
|