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TMI Blog2018 (11) TMI 1409X X X X Extracts X X X X X X X X Extracts X X X X ..... Code is to be filed before the said Tribunal. The place of the registered office of the corporate debtor confers jurisdiction on the Tribunal for application filed under section 9 of I&B Code. Circle office of the corporate debtor can’t be taken for initiating action against corporate debtor under section 9 of the code by the operational creditor. May be the circle office of the corporate debtor is in Hyderabad. However the place of circle office can’t confer jurisdiction on the Tribunal to proceed against corporate debtor. The place of registered office of corporate debtor is deciding factor regarding jurisdiction according to section 61 of I&B Code. Corporate debtor filed a copy of order passed by R.D at Page 109 of preliminary obj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts in the application in brief: a. Corporate Debtor Company Indus Towers Private Limited Company is incorporated under Companies Act, 1956 having its registered office as mentioned in the cause title. b. The Indus Tower Private Limited, is registered infrastructure provider, category-I(IP-I) by virtue of registration granted by the Department of Telecommunications, Minsitry of Communication and IT, Government of India, and is engaged in the business of establishment, maintenance and provision of telecommunication infrastructure, which inter alia includes providing towers and other allied equipment and leasing of antennae sites on multi-tenant sharing basis, to various telecom service providers like wireline and wireless communicati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Operational creditor issued a notice in Form-3 on 05.04.2018 and the said notice was replied by the corporate debtor by making all false, vague and untenable allegations. The operational creditor avers that due to non-payment of the rents by Indus Towers Limited, Operational creditor was put to hardships. g. The operational creditor avers that he never obligated to take all necessary permissions nor was required to do the installation under the lease deed. Operational creditor requested the Tribunal to initiate corporate insolvency proceeding against the corporate debtor for non-payment of debt amounting to ₹ 26,01,788/- including interest of 24% PA. 3. The corporate debtor filed preliminary objections. The corporate debtor que ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... regard to the jurisdiction of this Tribunal to entertain this application. 7. I have heard the counsels for operational creditor and corporate debtor. The operational creditor filed application under section 9 of I B Code against corporate debtor to trigger Corporate Insolvency Resolution Process alleging default of payment of operational debt. 8. The operational creditor shown in Form 5, the circle office address of the corporate debtor as if it is its registered office. The demand notice in Form 3 was sent to the corporate debtor to three address. One of the address is at Gurgaon State of Haryana. Section 60(1) of I B Code deals with Jurisdiction which reads as follows: The Adjudicating Authority, in relation to insolvency res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tional creditor can t maintain this application filed under section 9 of I B Code in this Tribunal. Operational creditor has to file application against corporate debtor before concerned NCLT having jurisdiction over the place of registered office of corporate debtor. 13. I agree with the contention of counsel for corporate debtor that this Tribunal has no Jurisdiction to entertain the present application. 14. Therefore the application is to be returned to the operational creditor for presentation before concerned NCLT having jurisdiction over the registered office of corporate debtor. 15. In the result this Tribunal holds that it has no jurisdiction to entertain the present application and ordered the registry to return the applic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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