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2018 (10) TMI 1951

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..... nsolvency resolution and liquidation for corporate persons including corporate debtors and personal guarantors thereof shall be the National Company Law Tribunal having territorial jurisdiction that means that it will be the Corporate Debtor against whom the resolution process or liquidation is initiated, the National Company Law Tribunal has the jurisdiction, Adjudicating Authority having jurisd .....

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..... arma and Mr. Shivya Pachpury, Advocates. O R D E R This appeal has been preferred by the Appellant Operational Creditor against order dated 15th May, 2018 passed by the Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi, which reads as follows:- ORDER The territorial jurisdiction over this matter is with the NCLT-Adjudicating Authority Chandigarh .....

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..... of the law, which are as follows: (i) Sub-section (1) of Section 5 defines Adjudicating Authority for the purpose of Part II i.e. National Company Law Tribunal constituted under section 408 of the Companies Act, 2013. (ii) Sub-section (1) of Section 60 of I B Code also deliberates with Adjudicating Authority for Corporate Persons which is as follows: 60. Adjudicating Authority for corpo .....

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..... , Adjudicating Authority having jurisdiction to entertain such application. It is not in dispute that with regard to Corporate Debtor whose registered office is situated in Haryana, the National Company Law Tribunal Chandigarh has been made the Adjudicating Authority. In the present case, the Corporate Debtor/ Corporate Person s registered office is situated in Gurgaon, Haryana, therefore, the Hon .....

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