TMI Blog2021 (7) TMI 1402X X X X Extracts X X X X X X X X Extracts X X X X ..... f notification passed by the Central Government on 31.01.2020 was now vested with all the cases which would otherwise have been tried by the NCLT at Indore, cannot give jurisdiction to this Court, in view of Article 227 of the Constitution, where High Courts have been vested with the authority of superintendence over all Courts and Tribunals within the territory to which its power extends, precludes this High Court from entertaining the present writ petition on the ground of lack of territorial jurisdiction. As the original order itself has been passed by the NCLT at Ahmedabad and there being no other order which has been passed by any authority in Madhya Pradesh by which the petitioner herein was aggrieved by, it would only be the High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ehabilitation and upgradation of Sindoor River to the start of Bareli Bypass section of NH-12. The respondent No.2 moved an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 before the respondent No.1/Tribunal. On 25.02.2021 after hearing the parties, the case was reserved for orders and thereafter on 18.03.2021, the impugned order was passed where there was a conflict of opinion seen between the learned Judicial Member and the Technical Member. While passing the impugned order, the two Members Bench of the Tribunal is stated to have erred both on facts as well as on law because it did not formulate the point or points of difference of opinion and point or points on which difference of opinion arose which were ne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... registered Office at Mumbai. It obtained a loan from the Bhopal Branch of the State Bank of India and a notice was issued for repayment of the said loan from Bhopal, in terms of the provision of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 {hereinafter referred to as SARFAESI Act }. The vires of the said Act was questioned before the Delhi High Court which was dismissed on the ground of lack of territorial jurisdiction. Before the Supreme Court, the appellant argued that the constitutionality of a parliamentary Act was in question and, therefore, the High Court of Delhi had the requisite jurisdiction to entertain the writ petition. The counter to that argument on behalf of the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Maharashtra and National Capital Territory, Delhi. It is relevant to mention here that Central Excise Act under which the dispute arose had a specific provision of preferring an appeal to the High Court under Section 35-G(1) of the said Act. So the question before the Supreme Court was whether it would be the High Court at Delhi which could exercise the jurisdiction and hear the statutory appeal or the High Court of Allahabad at its Lucknow Bench. In paragraph 17 of the said judgment, the Supreme Court held that without doubt it can be said that under Article 227 of the Constitution of India as also under Clause (2) of Article 226, the High Court would exercise its discretionary jurisdiction as also the power to issue writ of certiorari, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was now vested with all the cases which would otherwise have been tried by the NCLT at Indore, cannot give jurisdiction to this Court, in view of Article 227 of the Constitution, where High Courts have been vested with the authority of superintendence over all Courts and Tribunals within the territory to which its power extends, precludes this High Court from entertaining the present writ petition on the ground of lack of territorial jurisdiction. As the original order itself has been passed by the NCLT at Ahmedabad and there being no other order which has been passed by any authority in Madhya Pradesh by which the petitioner herein was aggrieved by, it would only be the High Court of Gujarat that would have jurisdiction to entertain the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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