JURISDICTION OF COURT

l     Identification of court to decide companies matters

l     Company’s bench

l     Definition of registered office for the purpose of winding up

l      procedures of the court

l     Appeal to the supreme court

l      

     IDENTIFICATION OF COURT TO DECIDE COMPANY’S MATTERS

Company’s matters shall be decided by the high court having jurisdiction at the place of registered office of the company

COMPANY’S BENCH

Chief justice of the high court may constitute one or more of company’s bench to exercise all or any of the jurisdiction of the high court 

     DEFINITION OF THE REGISTERED OFFICE FOR THE PURPOSE OF WINDING UP

For the purpose of jurisdiction to winding up company the registered office means the place which has longest been the registered office of the company during the last 6 months immediately preceding the date of petition.

     PROCEDURE OF THE COURT

     The court shall dispose of and pronounce judgment on all matters within a maximum time of 90 days except for extra ordinary circumstances to be recorded in writing

     The court hears the case on day to day basis except for extra ordinary circumstances to be recorded in writing

     The court shall follow summary procedures

     The hearings shall NOT be adjourned except for reasons to be recorded in writing

     For more then 14 days at one time, and

     For more than 30 days in all

     APPEAL TO THE SUPREME COURT

An appeal against the order of high court shall lie on;

·        Supreme court :

(Where the company ordered to be wound up has a share capital of Rs. 1 million or more)

·        Supreme court :

(If Supreme Court grants permission, where the company ordered to be wound up has a share capital of less than Rs. 1 million)

Ø     The Supreme Court shall dispose of an appeal within 90 days in final

NOTE:-

90days period is recommendatory and not mandatory