https://www.taxtmi.com/caselaws?id=194255 A contractual clause choosing English law and English courts did not displace the Indian Company Court's statutory jurisdiction to entertain a winding-up petition where the company's registered office was in India. Section 10 of the Companies Act, 1956 fixed territorial jurisdiction in the High Court where the registered office is situated, and Section 9 overrode any inconsistent agreement. The trustee for debenture holders had locus under Section 439(2) to present the petition. The deed also preserved proceedings in other competent courts, and the company's statutory reply and balance-sheet entries showed the debt was admitted, not genuinely disputed. en-us Fri, 11 Sep 2015 00:00:00 +0530 Sat, 02 Sep 2017 11:14:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=194255 A contractual clause choosing English law and English courts did not displace the Indian Company Court's statutory jurisdiction to entertain a winding-up petition where the company's registered office was in India. Section 10 of the Companies Act, 1956 fixed territorial jurisdiction in the High Court where the registered office is situated, and Section 9 overrode any inconsistent agreement. The trustee for debenture holders had locus under Section 439(2) to present the petition. The deed also preserved proceedings in other competent courts, and the company's statutory reply and balance-sheet entries showed the debt was admitted, not genuinely disputed. Case-Laws Companies Law Fri, 11 Sep 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=194255