2006 (10) TMI 225

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....an appeal is to be entertained by a Single Judge or a Division Bench of this Court ? 2. Some bare facts are required to be taken note of to answer the said question : 3. The appellants herein had preferred this appeal against the order dated 26-9-2005 of the CLB before the learned Single Judge of this Court dealing with the company matters. By order dated 7-7-2006, the learned Single Judge, in the light of the judgment of the Division Bench of this Court in Bais Surgical & Medical Institute (P.) Ltd. v. Dhananjay Pande [2005] 2 Mh. LJ 1145^1 was pleased to place this appeal before the Division Bench. When the matter came up for hearing before the Division Bench, the learned counsel on behalf of both the parties were in complete agreem....

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....question that had arisen in that case was not about the strength of the Bench but was about the territory (sic. territorial) jurisdiction and that the Hon'ble Apex Court had held that the High Court within whose territorial jurisdiction the registered office of the Company was situated was the court which had jurisdiction and not the place within whose jurisdiction the CLB or its Bench was located. At the same time, the learned Division Bench observed that the question as to the Bench strength was also addressed, discussed and the Lordships of the Apex Court had pointed out even on this point, and, these observations were contained in para 13 and the dictum was that the jurisdiction to hear and decide the appeal under section 10F of the Act....

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....gistered office of the company is situated or it is the High Court having jurisdiction in relation to the place in which the CLB makes the order under appeal. After observing, inter alia, that the forum of appeal indicated in section 10F is a definite forum determined by the provisions of the Act and not by the Regulations framed by the CLB under section 10F(6) or the place of its sitting under the Regulations, the Apex Court held that the expression 'the High Court' in section 10F of the Act meant the High Court having jurisdiction in relation to the place at which the registered office of the company concerned is situated as indicated by section 2(11) read with section 10(1)(a) of the Act. The Apex Court then proceeded to hold that in tha....