9911796707
TMI Blog2019 (12) TMI 292X X X X Extracts X X X X X X X X Extracts X X X X ..... mpany was in Odisha. However, by the order impugned, the Tribunal has found that as the petitioner was in knowledge of the proceeding and had received communication by e-mail about the proceeding, then the same should have been contested. It also appears from the order that the Tribunal recorded that it had the territorial jurisdiction to hear the application when the same was filed by the financi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assed by the National Company Law Tribunal, Kolkata Bench, in C.A. (IB) No. 1285/KB/2019 arising out of C.P. (IB) No. 107/KB/2019. It is the contention of the petitioner/ company that the learned Tribunal, Kolkata Bench, did not have the territorial jurisdiction to entertain the application filed by the opposite party, Oriental Bank of Commerce. Mr. Mainak Bose, learned advocat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as shifted to Odisha as per the procedure established by law and the bank had knowledge of the same. The institution of the proceeding under Section 7 of the Insolvency Bankruptcy Code, 2016 (hereinafter referred to as 'the said Code') in Kolkata, was wholly contrary to law and the admission of such proceeding by the said tribunal was illegal exercise of jurisdiction and void ab initio. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to Mr. Bose, as the registered office of the petitioner company was in Odisha, the application ought to have been filed before the NCLT of Odisha which was in existence at the time when the proceeding was initiated and the application of the bank was admitted. When the application for recalling was admitted by the learned Tribunal and a prima-facie finding is on record to the effect tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the petitioner. Under such circumstances, the petitioner is directed to serve a copy of the application upon the opposite party by speed post with A/d and file affidavit of service on the next date. List this matter on December 20, 2019. In the mean time there shall be stay of all further proceedings in C.P. (1B) No. 107/KB/2019 upto February 29, 2020. The CIRP proceeding w ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
