TMI Blog1993 (5) TMI 150X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court of Judicature for Rajasthan Bench at Jaipur, passed the winding up order dated August 10, 1990, to the hon'ble High Court of Judicature for Rajasthan at Jodhpur. ( ii )The official liquidator may be permitted to make necessary submission before the hon'ble High Court of Judicature for Rajasthan at Jodhpur to link up the S. B. Company Petition No. 12 of 1988 with the S. B. Company Petition No. 2 of 1989 and also to ratify the action of official liquidator and all the orders passed by this hon'ble court on the various miscellaneous applications filed by the official liquidator before this hon'ble court from time to time. ( iii )In case the orders for prayers Nos. ( i ) and ( ii ) are not in the affirmative this court may kindly be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s by Part VII (sections 425 to 560) and the other provisions of this Act relating to the winding up of companies. (3)For the purposes of jurisdiction to wind up companies, the expression 'registered office' means the place which has longest been the registered office of the company during the six months immediately preceding the presentation of the petition for winding up". From a bare perusal of the above provision it would be evident that the High Court having jurisdiction in relation to the place at which the registered office of the company concerned is situated will have the jurisdiction. The registered office of the company Bhilwara Wooltax Limited is situated at Bhilwara. The jurisdiction in respect of Bhilwara district where t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nion requires immediate action. In accordance with the administrative order passed by the Chief Justice, Mr. Justice Milap Chand has been appointed as a company judge, vide order dated June 5, 1989, and now by an order dated April 8, 1993, Mr. Justice G.S. Singhvi has been nominated as a company judge at Jaipur. The jurisdiction of both the company judges shall be only in respect of the areas as notified on December 23, 1976. The nomination of the company judge in respect of the two places of the High Court also cannot be interpreted either having a concurrent jurisdiction or overlapping jurisdiction. In the matter of liquidation of companies as mentioned above section 10 of the Companies Act confers the jurisdiction on the High Court h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Form No. 2 praying for grant of leave to carry out proceedings against the company in liquidation under section 446(1) read with section 529 of the Companies Act, 1956. As observed above, the petition for liquidation in respect of the company has already been admitted at Jodhpur and the company judge, Jodhpur, will have the proper jurisdiction to pass the order on the petition of the bank. An argument was also raised that part of the cause of action has arisen at Jaipur and, therefore, the company judge at Jaipur, can also have the jurisdiction. Firstly, even if this contention would have been considered worth considering, the proceedings taken against the company for liquidation at Jodhpur cannot be said to be without jurisdiction and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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