REGISTRAR OF COMPANIES Vs. KAMAL INFOSYS LTD

JUDGEMENT

(1.) A learned Judge of this Court has referred the following question to the Division Bench: "Whether this company petition filed for winding up of the company (M/s. Kamal INFOSYS Ltd., Respondent No. 1) having its registered office at Lucknow is maintainable in the High Court at Allahabad."

(2.) The facts and circumstances giving rise to this case are that the Companies and their Directors are being prosecuted after investigation made by the C.B.I. for cheating several investors, Banks and financial institutions through forgery, corruption and illegal means. The C.B.I. had registered the cases against Directors of the said Companies. Company petitions were filed by the Registrar of the Companies before this Court and the same were advertised in accordance with Rule 24 of the Companies (Court) Rules, 1959, and notices were issued to the respondents. Appointment of the Official Liquidator of the Company was also made and further directions had been issued to him. However, the said orders have subsequently been kept in abeyance. The respondent-Companies have raised a preliminary objection regarding the jurisdiction of Allahabad High Court to entertain the said winding up petitions.

(3.) The learned Judge, after hearing the learned counsel for the parties, realised that the issue of jurisdiction of Allahabad High Court and its Bench at Lucknow had been considered several times. However, a Division Bench of this Court in Sumac International Ltd. v. P.N.B. Capital Services Ltd., AIR 1997 All 424 had rejected the similar contention, holding that such Company matters can be heard only at Allahabad, and the jurisdiction of the Lucknow Bench stood excluded completely. Hence this Reference.