2018 (10) TMI 1951

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....khopadhaya] Chairperson and [Justice Bansi Lal Bhat] Member (Judicial) For the Appellant: Ms. Priyanka Kakkar and Mr. Yasir Khan, Advocates. For the Respondent: Mr. Ayush Sharma and Mr. Shivya Pachpury, Advocates. O R D E R This appeal has been preferred by the Appellant - Operational Creditor against order dated 15th May, 2018 passed by the Adjudicating Authority (National Company Law....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ating Authority for the purpose of I&B Code has jurisdiction  to entertain the application. Though such submission appears to be attractive, yet cannot be accepted in view of the specific provisions of the law, which are as follows: (i) Sub-section (1) of Section 5 defines Adjudicating Authority for the purpose of Part II i.e. National Company Law Tribunal constituted under section 4....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Company Law Tribunal having territorial jurisdiction that means that it will be the Corporate Debtor against whom the resolution process or liquidation is initiated, the National Company Law Tribunal has the jurisdiction, Adjudicating Authority having jurisdiction to entertain such application. It is not in dispute that with regard to Corporate Debtor whose registered office is situated in Haryan....