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TMI Blog1952 (2) TMI 12X X X X Extracts X X X X X X X X Extracts X X X X ..... and is sufficient to entitle the petitioner to present the petition. The company opposes the application on the ground (and that is the only ground taken), that this court has no jurisdiction to entertain the application. Under section 3 of the Indian Companies Act, the court that has jurisdiction to wind up a company is the High Court having jurisdiction in the place at which the registered office of the company is situate. The District Court may however assume jurisdiction, if it is so authorized by the Central Government. In this case it is admitted that the registered or the principal office of the company is in Kalahandi, Orissa. The company after incorporation established a place of business at 3, Baretto's Lane, Calcutta, and fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r. R. Chaudhuri on behalf of the company in answer says that that office cannot be regarded as the principal place of business within the meaning of section 271, which is in Part IX, whereas section 277 (1) ( e ) is in Part X. But his main argument rests on Act LIX of 1949, called the Merged States (Laws) Act, 1949, which received the assent of the Governor-General on 26th December, 1949. This Act came into force on 1st January, 1960, a date long before the winding up petition was presented to this court. By that Act the Indian Companies Act of 1913, which is to be found in the Schedule of the Act, is one of the laws extended to the merged States. By virtue of section 8, the corresponding Act in the Kalahandi State was repealed. Mr. Cha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ahandi State company law, nor does it seek to affect any investigation, legal proceeding or remedy in respect of any such penalty, forfeiture or punishment. This is an application to wind up the company and was presented long after the Kalahandi State company law was replaced by the Indian Companies Act, by virtue of the Merged States (Laws) Act, 1949. After the merger, the Indian Companies Act has become the law of Kalahandi State. Sub-section (2) of section 6 of the Merged States (Laws) Act is as follows: "Subject to the provisions of sub-section (1) anything done or any action taken, including any appointment or delegation made, notification, order, instruction or direction issued, rule, regulation, form, bylaw or scheme framed, cert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tition that any part of the assets of the company is within the Province of Bengal, and Mr. Ginwala was unable to give me any information on this point. If there were assets within the province which could be administered by this court, there would have been justification for making the winding up order, assuming this court has jurisdiction. But in this case there is no asset at all. If a liquidator is appointed, that liquidator will have to go to Orissa and administer the assets there. If, on the other hand, a local liquidator is appointed, he will have to come from time to time to this court for directions. Both these procedures involve unnecessary waste of time and money. On the other hand, the petitioner is not without his remedy. He ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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