9911796707
TMI Blog1957 (4) TMI 34X X X X Extracts X X X X X X X X Extracts X X X X ..... of the members of the company. 2. A preliminary objection is raised by Shri. Dhabe, on behalf of the non-applicants, to the effect that this court has no jurisdiction to to entertain these applications. 3. Section 10 of the Companies Act, 1956, deals with the jurisdiction of courts in the matter of applications made under that Act. Under clause ( a ) of sub-section (1) of section 10, the High Court having jurisdiction in relation to the place at which the registered office of the company concerned is situate shall be the court having jurisdiction in regard to the matters arising under the Companies Act. There is however an exception to this. That exception is contained in sub-section (2) of section 10 of the Act. Under that sub-sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ious companies law; but any such order, rule, regulation, appointment conveyance, mortgage, deed, document, agreement, fee, resolution, direction, proceeding, instrument or thing shall, if in force at the commencement of this Act, continue to be in force, and so far as it could have been made, directed, passed, given, taken, executed, issued or done under or in pursuance of this Act, shall have effect as if made, directed, passed, given, taken, executed, issued or done under or in pursuance of this Act." According to Shri Bobde, this provision does not help the non-applicants inasmuch as it makes no reference to a notification. In my opinion, an omission to make any reference to a notification does not stand in the way of the non-applican ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich has been made in regard to the same matter by a special law, that is, the Companies Act, 1956. In the circumstances, therefore, I overrule the preliminary objection and hold that this court alone has jurisdiction to entertain the applications. The applications will now be heard on merits. 6. It may be mentioned that an application has also been made on behalf of the applicant in each of these two applications, for the issue of a temporary injunction against the non-applicants restraining them from holding a meeting of the shareholders till the decision of these applications. Shri Dhabe states that no such meeting was intended to be held till the 8th of June and he assures the court that no meeting will now be held till the applicati ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
