1995 (3) TMI 380

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.... N.C.L. Industries Ltd. (hereinafter referred to as "the company") in terms of sections 434 and 439 of the Companies Act, 1956 (in short , the "Act"), on the ground that it is unable to pay its debts. The petition has been styled a "creditor's application" in order to invoke the powers under sections 434 and 439 of the Act. Section 434 of the Act envisages the situations in which a company shall ....

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....-section (1) of section 434 shall be deemed to have been duly given under the hand of the creditor if it is signed by any agent or legal adviser duly authorised on his behalf, or in the case of a firm, if it is signed by any such agent or legal adviser or by any member of the firm. The petitioner's case is that notwithstanding several letters by registered post, the company has failed to pay the a....

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....t in regard to matters falling within the scope of the jurisdiction conferred, in respect of companies having their registered offices in the district. (2) The Central Government may, by notification in the Official Gazette and subject to such restrictions, limitations and conditions as it thinks fit empower any District Court to exercise all or any of the jurisdiction conferred by this Act upon ....

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....ice of the company during the six months immediately preceding the presentation of the petition for winding-up. The court having jurisdiction under the Act is the High Court having jurisdiction in relation to the place at which the registered office of the company concerned is situate, except to the extent to which jurisdiction has been conferred on any District Courts subordinate to the High Cour....