M/S Kamal Infosys Ltd. Thru' M.D. ... vs The Registrar Of Companies, U.P. & ...
2017 Latest Caselaw 6807 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- SPECIAL APPEAL No. - 293 of 2007
 

 
Appellant :- M/S Kamal Infosys Ltd. Thru' M.D. N.K. Shukla
 
Respondent :- The Registrar Of Companies, U.P. & Uttaranchal Kanpur & Ors.
 
Counsel for Appellant :- Nitin Sharma,Ravi Kant
 
Counsel for Respondent :- Chandan Sharma,Ashok Mehta,Manoj Kumar Singh,Pranjal Mehrotra
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Hon'ble Saral Srivastava,J.

In this case Sri Manoj Kumar Singh, learned counsel for the Union of India the respondent herein has sent an illness slip today.

Learned counsel for the appellant Sri Anil Tiwari Senior Advocate and Sri Manish Goyal appearing in the other connected appeals have made a prayer that the matter be taken up at the earliest.

It has been pointed out by the learned counsel that in between the same parties the issue as to whether, a Company Petition could be initiated at Allahabad, had been made a point of reference before a Division Bench in Company Petition No. 57 of 2001 between the same parties. The issue clearly was that if the registered Office of the Company is within the territorial jurisdiction of the High Court,  as per the Amalgamation Order 1948 at Lucknow, then in that event the learned Single Judge on the basis of an administrative order dated 30th November 2005 could not have assumed jurisdiction in the present case, and therefore the order is clearly assailable on the ground of want of territorial jurisdiction that renders the same invalid.

Sri Anil Tiwari submits that the Division Bench judgment dated 14th March 2005 in Company Petition No. 57 of 2001 could not have been overlooked and therefore, one of the main grounds taken in this appeal has been pressed into service contending that the impugned judgment deserves to be recalled on this ground alone.

He then submits that the administrative order of Hon'ble The Chief Justice dated 30th November 2005 passed in Company Petition No. 63 of 2001 giving rise to this appeal cannot confer jurisdiction on the learned Company Judge at Allahabad to decide the matter in the wake of the fact that no power in the manner prescribed has been exercised by the Hon'ble Chief Justice as interpreted by the Apex Court in the case of Dr. Manju Verma Vs. State of U.P. and others 2005 (1) SCC 73.

Since there is an illness slip of the learned counsel for the Union of India. The matter is adjourned for 30th November 2017. Learned counsel may inform Sri Manoj Kumar Singh, in writing about the order.

Order Date :- 14.11.2017

Ishan