VIMAL KUMAR Vs. BHILWARA WOOLTAX LIMITED

JUDGEMENT

(1.) THE Official Liquidator has filed this Misc. (company) Application in Company Petition No. 12/88 praying as under: - (i) That this Hon'ble Court, after confirmation of the jurisdiction of Bhilwara from the Registrar of this Hon'ble Court may kindly transfer the file relating to the S. B. Co. petition No. 12 of 1988 in which the Hon'ble High Court of Judicature for Rajasthan Bench at Jaipur passed the winding up order dated 10. 8. 1990 to the Hon'ble High Court of Judicature for Rajasthan at Jodhpur; (ii) THE Official Liquidator may be permitted to make necessary submission before the Hon'ble High Court of Judicature for Rajasthan at Jodhpur to link up the S. B. Company petition No. 12 of 88 with the S. B. Company petition No. 2 of 89 and also to ratify the action of Official Liquidator and all the orders passed by this Hon'ble Court on the various Misc. Applications filed by the Official Liquidator before this Hon'ble Court from time to time, and (iii) In case the orders for prayer No. (i) & (ii) are not in affirmative this Court may kindly be pleased to pass necessary orders as to the further course of action to be taken by the Official Liquidator in this regard, (iv) Any other order/orders as may be deemed fit and proper in the cir-cumstances of the case may also kindly be passed.

(2.) THE arguments of both the learned counsel have been heard. According to section 10 of the Companies Act, 1956 the jurisdiction of the Court has been specified as under: - (1) THE Court having jurisdiction under this Act shall be - (a) the High Court having jurisdiction in relation to the place at which the registered office of the Company concerned is situate, except to the extent to which jurisdiction has been conferred on any District Court or District Courts subordinate to that High Court in pursuance of sub-section (2), and- (b) where jurisdiction has been so conferred, the District Court in regard to matters falling within the scope of the jurisdiction conferred, in respect of companies having their registered offices in the district. (2) THE Central Government may, by notification in the Official Gazette and subject to such restrictions, limitations and conditions as it thinks fit empower any District Court to exercise all or any of the jurisdiction conferred by this Act upon the Court, not being the jurisdiction conferred- (a) in respect of companies generally, by sections 237, 391, 394, 395 and 397 to 407, both inclusive; (b) in respect of companies with a paid-up share capital of not less than one lakh of rupees by part VII (sections 425 to 560) and the other provisions of this Act relating to the winding up of companies; (3) For the purposes of jurisdiction to wind-up companies, the expression "registered office"means the place which has longest been the registered office of the company during the six months immediately preceding the presentation of the petition for winding up. "

(3.) THE State Bank of Bikaner and Jaipur has filed the present petition under rule 19 read with rule 117 of the Companies (Court)Rules, 1959 in Form No. 2 praying for grant of leave to carry out proceedings against the company in liquidation under section 446 (1) read with section 529 of the Companies Act, 1956. As observed above the petition for liquidation in respect of the company has already been admitted at Jodhpur and the Company Judge Jodhpur will have the proper jurisdiction to pass the order on the petition of the Bank.