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2022 (10) TMI 97
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....R : S.V.GANGAPURWALA, J.) 1. The Petitioner assails the order of suspension of registration of the Petitioner dated 24.06.2022. 2. The Petitioner is an Insolvency Professional. He is a professional member of ICSI Institute of Insolvency Professionals (ICSI and IIP) and an Insolvency Professional (IP) registered with Insolvency and Bankruptcy Board of India. 3. The Registration of Petitioner as Insolvency Professional is suspended for a period of three years under the impugned order dated 24.06.2022. The same is assailed in the present Writ Petition. The learned counsel for the Respondents raised a preliminary objection of the territorial jurisdiction to entertain the Writ Petition of this court. In light of that, the learned counse....
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.... arisen at Delhi and no part of cause of action has arisen within the territorial jurisdiction of this court. As such, this court may not entertain the Writ Petition. 7. It is further submitted that the Petitioner was appointed as a Resolution Professional pursuant to the order dated 21.08.2019 passed by NCLT Delhi with respect to the Corporate Office registered at Delhi. Petitioner has taken charge of the Corporate data registered at Delhi. Respondent conducted inspection / investigation in respect of the conduct of the Petitioner as a Resolution Professional at Delhi. Show cause notice was issued by the Respondent at Delhi. The final suspension order was also passed in Delhi and as such no part of cause of action has arisen within the ....
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....s at Bombay. The order of suspension has the effect at Bombay. As such the part of cause of action has arisen within the territorial jurisdiction of this court. Only because the office of Respondent no.3 is at Delhi, that cannot be the sole ground to hold that this court would not exercise its jurisdiction. 12. The learned counsel for the Petitioner relies upon the judgment of the Apex Court in the case of Shanti Devi Alias Shanti Mishra vs. Union of India and Others (2020) 10 SCC 766 to contend that convenience of an employee is to prosecute his case at the place from he belongs to and receive the benefit. In such a case principle of forum conveniens applies. 13. The learned counsel also relies on the judgment of the Apex Court in th....
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.... can issue writs detailed under clause 1 to the person or authority situated beyond its territorial jurisdiction provided cause of action wholly or partly arises within the territorial jurisdiction of the court entertaining the Writ Petition. 17. Place of work of the Petitioner and /or Respondent may not be much relevant in deciding the jurisdictional aspect. The place of residence of the Petitioner would not be relevant. However, what is relevant is that the cause of action, wholly or in part arises within the territorial jurisdiction of the Court. The determinative factor is the place of accrual of cause of action or part of cause of action. 18. It does not appear to be a matter of debate that the show cause notice was issued to the....
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....i Bench for Wholesale Foods P.Ltd. and the said proceeding is pending adjudication before NCLT, Mumbai Bench. The Petitioner is empanelled as Insolvency Professional for financial institution in Mumbai viz. 1) IDBI Bank 2) Bank of Baroda. 22. The Petitioner is also appointed in voluntary liquidation of Gulf India Ltd. before NCLT Mumbai Bench. The effect of the impugned order of suspension will be felt by the Petitioner even in the State of Maharashtra. 23 Pursuant to the order of suspension, the Petitioner would not be in a position to work as a Resolution Professional with the assignments on hand in the State of Maharashtra. As observed, the Petitioner is already having assignments in the State of Maharashtra as a Resolution Profess....