Genre Ltd. having registered office at Noida (U.P.) entered into an agreement with Parsu Trading for supply of raw material worth ₹2 crore. It was clearly mentioned in the agreement that all disputes will be referred to

CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · December 2015
Genre Ltd. having registered office at Noida (U.P.) entered into an agreement with Parsu Trading for supply of raw material worth ₹2 crore. It was clearly mentioned in the agreement that all disputes will be referred to the Delhi High Court. Genre Ltd. has defaulted in payments. The management of Parsu Trading has approached you for opinion about jurisdiction since they want to file winding-up petition. Give your advice with decided case laws.

Answer & Explanation:

In terms of the provisions of Section 10 of the Companies Act, 1956, the jurisdiction for entertaining winding up petition vests either in the High Court having jurisdiction in relation to the place where the registered office of the company is situate or the District Court of the area subordinate to the High Court, in which the jurisdiction has been vested either by the Act or by the Central Government by notification in the Official Gazette. In GTC Industries Ltd. v. Parasrampuria Trading (1999) 34 CLA 380 (All HC), it was held that only High Court where the registered office is situated has jurisdiction in winding up, even if there was agreement between parties that dispute between parties will be resolved before High Court where registered office is not situated. Regardless of where agreement is executed, Company Court having jurisdiction over the place where the registered office is situated, will have the jurisdiction to entertain a petition for winding up. LKP Merchant Financing v. Arwin Liquid Gases (2001) 103 Comp. Cas. 211 (Guj.). Accordingly in the given case since the registered office is situated in Noida, High Court of UP situated in Allahabad or its regional bench would have jurisdiction.

Topics: Insolvency

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