TMI Blog2018 (6) TMI 85X X X X Extracts X X X X X X X X Extracts X X X X ..... nsferor and transferee companies are at different places of the country. For the reasons aforesaid, we set aside the order dated 17th November, 2017 passed by the NCLT, New Delhi Bench with liberty to the appellant to file application before the Hon’ble President, NCLT, New Delhi to transfer one of the case either to Chandigarh Bench or the Bench at New Delhi for hearing of both the case by one of the Bench. The appeal stands disposed of with the aforesaid observations. - Company Appeal (AT) No. 78 of 2018 - - - Dated:- 24-4-2018 - Mr. S.J. Mukhopadhaya And Mr. Bansi Lal Bhat, JJ. For The Appellant : Mr. Sanjeev Kumar Kataria, Advocate ORDER M/s. Jak Builders Private Limited is Transferor Company-1 and M/s. Jaya Inf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Transferor and Transferee Companies are located in two different places. 3. The appellants have brought to the notice of this Appellate Tribunal the Notification dated 1st June, 2016 issued by the Central Government in exercise of the powers conferred under sub-section (1) of Section 419 of the Companies Act, 2013 whereunder the NCLT, Principal Bench, New Delhi Bench has been provided with the territorial jurisdiction in regard to State of Haryana, State of Rajasthan and Union Territory of Delhi. However, by a subsequent Notification dated 3rd February, 2017, the Notification dated 1st June, 2016 was modified and territorial jurisdiction of the State of Haryana has now been vested with NCLT, Chandigarh Bench. 4. The question ari ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to transfer any case from one Bench to other Bench when the circumstances are so warranted. In view of such provision, we are of the view that the cases in hand circumstances warrants that the President exercises his power under Rule 16(d) to transfer one of the case from one Bench to other Bench where other matter is pending including the cases where transferor and transferee companies are at different places of the country. 7. For the reasons aforesaid, we set aside the order dated 17th November, 2017 passed by the NCLT, New Delhi Bench in CA (CAA)-65(ND)/2017 with liberty to the appellant to file application before the Hon ble President, NCLT, New Delhi to transfer one of the case either to Chandigarh Bench or the Bench at New Delhi f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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