2019 (12) TMI 292

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....filed against an order dated November 5, 2019 passed by the National Company Law Tribunal, Kolkata Bench, in C.A. (IB) No. 1285/KB/2019 arising out of C.P. (IB) No. 107/KB/2019. It is the contention of the petitioner/ company that the learned Tribunal, Kolkata Bench, did not have the territorial jurisdiction to entertain the application filed by the opposite party, Oriental Bank of Commerce. ....

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....egistered office of the company was shifted to Odisha as per the procedure established by law and the bank had knowledge of the same. The institution of the proceeding under Section 7 of the Insolvency & Bankruptcy Code, 2016 (hereinafter referred to as 'the said Code') in Kolkata, was wholly contrary to law and the admission of such proceeding by the said tribunal was illegal exercise of ....

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.... located. According to Mr. Bose, as the registered office of the petitioner company was in Odisha, the application ought to have been filed before the NCLT of Odisha which was in existence at the time when the proceeding was initiated and the application of the bank was admitted. When the application for recalling was admitted by the learned Tribunal and a prima-facie finding is on record to th....