2003 (11) TMI 357

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....R 1. Heard learned counsel for the parties. 2. The petitioners filed this Company Petition under sections 433 and 434 of the Companies Act, 1956 ('the Act 1956') for winding up of the respondents' company. 3. The respondents, in reply to the company petition, raised a preliminary objection re-maintainability of the winding-up petition. In para No. 1 of the reply to the writ petition it is....

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....been executed at Shahpura Distt. Jaipur in the petitioner's industry and therefore the entire cause of action arose in Jaipur jurisdiction and not only this, it is clearly evident from Annexure-A/1 that the project office is situated at Jaipur also therefore as the entire cause of action has arose in the present matter in Jaipur district and therefore, this Hon'ble Court has jurisdiction to entert....

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....istered office of the company concerned is situated, except to the extent to which jurisdiction has been conferred on any District Court or the District Courts subordinate to that High Court in pursuance of sub-section (2). It is not the case of the petitioners Company that the matter falls under sub-section (2) of section 10 of the Act, 1956. Sub-section (2) of section 10 of the Act, 1956 provide....