793 of 1993 which is pending.
The companytroversy is whether the High Court to which the appeal lies under Section 10 F from an order of the Company Law Board is the High Court having jurisdiction in relation to the place at which the registered office of the companypany is situate or it is the High Court having jurisdiction in relation to the place at which the Company Law Board makes the order under appeal.
The material facts giving rise to the above question are only a few, as stated hereafter.
Ltd. before the Company Law Board in respect of the companypany known as Shoe Specialities Pvt.
The Judgment of the Court was delivered by VERMA, J. Leave granted.
This appeal by special leave is against the Delhi High Courts order dated July 29, 1993 rejecting the preliminary objection and holding the appeal to be maintainable in the Delhi High Court.
A preliminary objection to maintainability of the appeal in the Delhi High Court was raised by the present appellants in the appeal filed in the Delhi High Court.
The companytention of Shri F.S. Nariman, learned companynsel for the appellants is that the expression the High Court in Section 10 F must mean the High Court having jurisdiction in relation to the place at which the registered office of the companypany companycerned is situate and, therefore, in present case, the appeal under Section 10 F of the Companies Act lies in the Madras High Court instead of the Delhi High Court, since the registered office of the Company companycerned is situate in Madras.
A petition under Sections 397/398 of the Companies Act, 1956 was filed on behalf of the appellant, Stride well Leathers Pvt.
On May 28, 1993, the Company Law Board in the Principal Bench at Delhi made an order in that petition against which an appeal was filed under Section 10 F in the Delhi High Court by a shareholder, respondent 1.
The main question for decision in this appeal is the meaning of the expression the High Court in Section 10 F of the Companies Act, 1956 which has been inserted in the principal Act by the Companies Amendment Act, 1988 with effect from May 31, 1991.
The Company, Shoe Specialities Pvt.
Ltd. also filed an appeal against the same order of the Company Law Board in the Madras High Court CMA No.
Ltd. having its registered office at Madras.
The Delhi High Court rejected the preliminary objection on July 29, 1993 and admitted that appeal.
