Jurisdiction of winding up petition
RAJAGOPALAN NAIR
(Querist) 10 August 2013
This query is : Resolved
We have to file a Winding up Petition. The Regd. office of the Company is in Mumbai.
1. Can we file a Winding up Petition in Bombay High Court.
2. In the Purchase order of the Company on whom the Winding up Petition is to be filed, the jurisdiction is mentioned as Mumbai whereas the Invoice of the Company i.e. who wants to file Winding up Petition, the jurisdiction is mentioned as Pune. In the light of this, which is the jurisdiction and which is the appropriate court for filing the Petition.
Devajyoti Barman
(Expert) 10 August 2013
1. Yes
2. In either of the places.
If the jurisdiction is not fixed to a particular place , the case can be filed in Mumbai HC only.
Raj Kumar Makkad
(Expert) 11 August 2013
Company cases can be filed before High Courts only so move to Bombay High Court.
prabhakar singh
(Expert) 11 August 2013
WINDING UP IS ORIGINAL JURISDICTION OF HIGH COURTS.
koi shak?
ajay sethi
(Expert) 11 August 2013
if the registered office of company is in bombay file winding up petition in bombay high court
R.K Nanda
(Expert) 11 August 2013
file winding up petition in BHC.
Kuummaar AS
(Expert) 11 August 2013
In this connection, refer to Sections 2(11) and Section 10 of the Companies ACT, 1956.