9911796707
TMI Blog1936 (4) TMI 9X X X X Extracts X X X X X X X X Extracts X X X X ..... company, on nth May 1931. It will be seen therefore that the payment was made after winding up, the date of the winding up dating back to the presentation of the petition under the provisions of the Companies Act. Now under section 235 this application is made and it is said that there has been a misapplication of the assets of the company in these circumstances. The Peninsular Company which had not been carrying on business for some time entered into negotiations with a firm who were the debenture holders of the Calmoni Engineering Co., Ltd. It is unnecessary to load the case with a great many facts. It is sufficient to state that, as a result of those negotiations, the Peninsular Company were to pay something approaching 10,000 ste ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tances I am to enforce orders against persons out of the jurisdiction of this Court has nothing to do with the matter. But if the matter is entirely within the jurisdiction, then under certain conventions the judgment or order may be enforced in a country other than the country in which it is made but that is an entirely different subject. As to the question of jurisdiction, the Code of Civil Procedure is quite clear. section 16 provides "subject to the precuniary or other limitations prescribed by any law" (and then it describes suits of various kinds for the recovery of immoveable property, for partition etc .)" shall be instituted in the Court within the local limits of whose jurisdiction the property is situate." The section applies ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the year 1909 the Court had no jurisdiction to give leave to serve notices of orders and other proceedings in the winding up on persons out of the jurisdiction he points out that this applied only to orders and proceedings which it was desired to enforce and notice of an appointment to settle the list of contributories could be served out of the jurisdiction. The other cases relied upon are in In re Busfield, Whaley v. Busfield. In that case the question was whether an originating summons could be served out of the jurisdiction. Cotton, L.J. made this statement: "Service out of the jurisdiction is an interference with the ordinary course of the law, for generally Courts exercise jurisdiction only over persons who are within the terr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... doubt as regards the directors in this case who reside in outside British India. The question arises as to Manu Subedar who resides in Bombay. This is a very unfortunate position in which the Company finds itself. Under section 3 Companies Act, undoubtedly jurisdiction is given to the Courts in Bihar over this company as the Company was registered in this province or to put it more accurately its registered office is situated in this province. That being so, although I am not deciding that question, it might be argued that would exclude the jurisdiction of the Bombay Court. The company, therefore is on the horns of a dilemma. The Director Mr. Subedar is not within the jurisdiction of this Court and the Bombay Court, in the view that one mi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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