Jurisdiction of Court for entertaining Winding up Petition

In terms of the provisions of Section 10 of the Companies Act, 1956, the

jurisdiction for entertaining winding up petition vests either in the High Court
having jurisdiction in relation to the place where the registered office of the
company is situate or the District Court of the area subordinate to the High Court,
in which the jurisdiction has been vested either by the Act or by the Central
Government by notification in the Official Gazette. In GTC Industries Ltd. v.
Parasrampuria Trading (1999) 34 CLA 380 (All HC), it was held that only High
Court where the registered office is situated has jurisdiction in winding up, even if
there was agreement between parties that dispute between parties will be resolved
before High Court where registered office is not situated. Regardless of where
agreement is executed, Company Court having jurisdiction over the place where
the registered office is situated, will have the jurisdiction to entertain a petition for
winding up. LKP Merchant Financingv. Aiwin Liquid Gases (2001) 103 Comp.
Cas. 211 (Guj.).

For the purposes of jurisdiction to wind up companies, the expression ‘Registered

Office’ means the place which has longest been the registered office of
the company during the six months immediately preceeding the presentation of
the Vide Companies (Second Amendment) Act, 2002 wet, a date yet to be
notified. petition for winding up. In Kalpana Trading v. N. CL. Industries Ltd.
[(1996) 1 Comp. U 152], the Orissa High Court refused to entertain the petition
for winding up as the Company had its place of Registered Office at Hyderabad