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2020 (8) TMI 699 - AT - Companies LawTerritorial Jurisdiction - Continuation of proceedings before Ahmedabad Bench of NCLT - Section 419(1) of the Companies Act, 2013 - Appellants claimed before the NCLT that the matters cannot proceed at Ahmedabad but in spite of objections when the NCLT continued to proceed, the present Appeals have been filed - Whether after notification, dated 08.03.2019, the NCLT, Ahmedabad has jurisdiction over TP-122/397- 398,58-59,235(2),237(b)NCLT.AHM/2016(New) and other connected matters, which pertain to the State of Madhya Pradesh? HELD THAT:- The present Appeals have been filed referring to this Notification dated 8th March, 2019 to claim that from 8th March, 2019 onwards the Bench at Ahmedabad had no jurisdiction to exercise with regard to matters arising from the State of Madhya Pradesh - When these Appeals were filed, Notices were issued to not only Registrar, NCLT, Ahmedabad Bench but also to Registrar, NCLT, Principal Bench, New Delhi asking them to file Affidavits. It was recorded in proceeding dated 20.08.2019 to issue Notice to Respondents as to why the concerned cases pending before NCLT, Ahmedabad Bench, Ahmedabad be not transferred to Indore Bench, Madhya Pradesh pursuant to the above Notification dated 8th March, 2019. The Order dated 20.08.2019 further directed the Ahmedabad Bench not to hear the case on merits and to adjourn the same to subsequent dates till final Orders are passed in these Appeals. These Appeals were filed on the basis that by Notification dated 8th March, 2019, the Ahmedabad Bench lost jurisdiction over matters relating to State of Madhya Pradesh. By Notification dated 31st January, 2020 which has now been issued by the Ministry of Corporate Affairs, the foundation for maintaining these Appeals has been lost. Although the learned Counsel for Appellant is trying to argue regarding the validity and legality of the Notification dated 31st January, 2020, we find that already High Court of Madhya Pradesh was moved by the Appellant - PHG International Private Limited in Writ Petition No.4479 – 2020 which has considered this very Notification dated 31st January, 2020 and dismissed the same. Appellants can pursue remedies as available in law. However, it appears to us that with Notification dated 31.01.2020 issued by Central Government, we have no reason to keep these Appeals pending and stay operating. Considering the Notification dated 1st June, 2016 read with the Notification dated 8th March, 2019, read with the present Notification dated 31st January, 2020, it is apparent that jurisdiction of State of Madhya Pradesh will be exercised by Ahmedabad Bench of NCLT till the operationalization of Indore Bench of NCLT which will be notified by the Central Government by a subsequent notification - There are no reasons to keep these Appeals pending now. Appeal disposed off as now they have become infructuous.
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