DEWAS SYNTHETICS PVT LTD Vs. STATE OF MP

JUDGEMENT

(1.) THIS is a reference sent by B. I. F. R. to this Court under Section 20 (2) of SICA in relation to a company known as Dewas Synthetics (P.) Ltd. ("company") for passing a winding up order to wind up this Company.

(2.) THOUGH this court has entertained the reference on its receipt, it is now pointed out to me by the official liquidator in his report dated 30-4-2003 that the registered office of the company is situated at 66/2, Neemtala Ghat Street, Calcutta. It is also contended that even the inquiries made from Registrar of the Companies reveals that there is no registered office of the Company situated in State of M. P. It is on this basis the O. L. has prayed that in terms of Section 10 of the Companies Act the reference should have been made/sent to concerning High Court i. e. Calcutta High Court and not to this Court which does not possesses the jurisdiction to entertain the reference for passing final orders of winding up.

(3.) I am inclined to accept the prayer made by the O. L. Section 10 (a) of the Companies Act provides that the High Court having jurisdiction under this Act shall be the High Court having jurisdiction in relation to the place at which the registered office of the Company is situated. So in order to determine the territorial jurisdiction of any company petition filed for winding up of company, the Court is only required to see where the registered office of the Company is situated. The use of the expression in Section 20 of SICA "concerned High Court" has to be seen in the context of Section 10 of the Companies Act.