TaxTMI 
TaxTMI 
2020 (8) TMI 699
X X X X Extracts X X X X
X X X X Extracts X X X X
....ber (Judicial) , (Justice A.B. Singh) Member (Judicial) And [Kanthi Narahari] Member (Technical) For the Appellants: Mr. Amalpushp Shroti and Mr. Ankit Dubey, Advocates For the Respondents: Mr. Anurag Sharma and Mr. Sunil Singh, Advocates JUDGMENT A.I.S. Cheema, J. : 1. These three Appeals are arising out of matters pending under the Companies Act at Ahmedabad initiated when the old Act of 1956 was in force and which Company Petitions are stated to be still pending. It appears that the Petitions were initially before CLB (Company Law Board) in Mumbai and after establishment of National Company Law Tribunal (NCLT - in short) at Ahmedabad, they were transferred to Ahmedabad Bench. 2. The Appellants objected to the continuation of th....
X X X X Extracts X X X X
X X X X Extracts X X X X
....following Benches of the National Company Law Tribunal mentioned in column (2) of the table below, located at the place mentioned in column (3) and to exercise the jurisdiction over the area mentioned in column (4), namely:-- TABLE Serial Number Title of the Bench Location Territorial Jurisdiction of the Bench ..... 2. National Company Law Tribunal, Ahmedabad Bench, Ahmedabad (1) State of Gujarat (2) State of Madhya Pradesh (3) Union territory of Dadra and Nagar Haveli (4) Union territory of Daman and Diu ...... " 6. Thus, by this Notification, the National Company Law Tribunal, Ahmedabad Bench, located at Ahmedabad had the territorial jurisdiction of (1) State of Gujarat and (2) State of Ma....
X X X X Extracts X X X X
X X X X Extracts X X X X
....a, Extraordinary, Part II, Section 3, Sub-section (ii), vide number S.O. 1935(E), dated the 1st day of June, 2016 and subsequently amended vide number S.O. 345(E), dated the 3rd February, 2017, number S.O. 3145 (E), dated the 28th June, 2018, number S.O. 3430 (E), dated the 12th July, 2018 and number S.O. 3683 (E), dated the 27th July, 2018." This was published in The Gazette of India dated Friday, March 8, in Extraordinary, Part II, Section 3, Sub-section (ii). 8. The present Appeals have been filed referring to this Notification dated 8th March, 2019 to claim that from 8th March, 2019 onwards the Bench at Ahmedabad had no jurisdiction to exercise with regard to matters arising from the State of Madhya Pradesh. 9. When these Appeals we....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... appropriate Notification / GSR about jurisdiction of Madhya Pradesh matters by one or other Bench till Member is posted in the Indore Bench, which is empowered to hear the cases of Madhya Pradesh jurisdiction." 12. Now, it appears that the Ministry of Corporate Affairs has issued Notification on 31st January, 2020. The Notification is dated 31st January, 2020 published in the Gazette of India Extraordinary Part II, Section 3, Sub-section (ii). The same reads as under:- "Ministry of Corporate Affairs Notification New Delhi, the 31st January, 2020 S.O.484(E),--In exercise of the powers conferred by sub-section (1) of section 419 of the Companies Act, 2013 (18 of 2013), and in pursuance of Order of Hon'ble National Company Law Appel....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Hon'ble Supreme Court vide Order dated 15th November, 2019 and thus, there was doctrine of merger and thus, this Tribunal cannot now vacate or modify the said Order. It is also claimed that the I.A. No.631 of 2020 was mentioned on 6th February, 2020 and matter was directed to be listed on 12th February, 2020. As the Counsel for Appellant could not appear on that day, he had sent e-mail and Proxy Counsel requested and consequently, the Appeal came to be listed on 19th February, 2020. It is claimed that the grievance of oppression and mismanagement pending in these cases relates to the period of 2001 - 2006 and the Application under Section 397 of the Companies Act, 1956 was filed on 8th January, 2015 and there is no urgency in the matter wh....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 2019, the Ahmedabad Bench lost jurisdiction over matters relating to State of Madhya Pradesh. By Notification dated 31st January, 2020 which has now been issued by the Ministry of Corporate Affairs, the foundation for maintaining these Appeals has been lost. Although the learned Counsel for Appellant is trying to argue regarding the validity and legality of the Notification dated 31st January, 2020, we find that already High Court of Madhya Pradesh was moved by the Appellant - PHG International Private Limited in Writ Petition No.4479 - 2020 which has considered this very Notification dated 31st January, 2020 and dismissed the same. Appellants can pursue remedies as available in law. However, it appears to us that with Notification dated 3....