MOHINI MILLS LTD Vs. SUSAMA DEBI

JUDGEMENT

(1.) This is an application under Section 12 of the Companies Act (Act VII of 1913) on behalf of the Mohini Mills Limited, to alter the Memorandum of Association of the Company. On the application being called on for hearing Mr. Langford James on behalf of the Incorporated Law Society raised a preliminary objection that the application should have been made on the Original Side of this Court.

(2.) Mr. James contention is as follows:- Section 3 (i) of the Act provides that the Court having jurisdiction Under this Act is the High Court having jurisdiction in the place at which the registered office of the Company is. The High Court is the Court which has jurisdiction all over Bengal within which Province Kushtia the place where the registered office of the company is. Mr James contends that the expression High Court means the Court as a whole and that the particular department of the Court which deals with such matters is the Original Side. Hence the application should have been made to a Judge on the Original Side. Dr. Mitter on behalf of the Vakils Association contends that Kushtia is outside the Original Jurisdiction of the High Court and that the Appellate Side of the Court alone has jurisdiction over the District in which the town of Kushtia is situated. I am of opinion that the view taken by Mr. James is correct. An examination of the Act will show that in certain matters an appeal is allowed on a question of law. See Section 38 (3) and Section 202 of the Act. If Dr. Mitter's contention was correct, in the case of companies in the Moffussil a first appeal would lie to the Privy Council while so far as Companies within the Original Jurisdiction of this Court are concerned the appeal would lie to a Bench of this Court,

(3.) Dr. Mitter would try to meet this argument by contending that possibly matters in which an appeal lay would be dealt with by a Judge on the Original Side even though they came from the Moffussil whilst matters in which no appeal lay would be dealt with by the Appellate Side. The inconvenience of such a course is obvious.