BISHAMBHAR SHARMA Vs. SRF LIMITED

JUDGEMENT

(1.) ON the request of the parties, this matter was heard on IA No. 4318/2012, i.e., application for dismissal of company petition for want of jurisdiction.

(2.) MR . Ajay Mishra, learned senior counsel assisted by Mr. Rajendra Bhargava placed reliance on section 10 of the Companies Act, 1956 and submits that the registered office of the respondent company is situated at New Delhi and, therefore, this petition under sections 433 (e), 434(1)(a) and 439 (1)(b) of Companies Act, 1956 is not maintainable before this Court. He relied on certain judgments on this point.

(3.) PER Contra, Mr. S.K.Sharma, learned counsel for the petitioner submits that the part of cause of action which has given rise to this petition has fallen within the territorial jurisdiction of this court and, therefore, this court has jurisdiction. Apart from this, he relies on rule 6 of Company (Court) Rules, 1959 to submit that provisions of Civil Procedure Code (CPC) are borrowed and, therefore, even if part of cause of action has arisen within the territorial jurisdiction of this court, the petition can be maintained.