# In the matter of Vinay Bhadauria vs. Insovlency and Bankruptcy Board of India through Sunil Kumar

> HC judgment dated 2026-04-09. Citation: TCN-2026-HC-00012. The case involves a petition filed under Section 482 of the Cr.P.C. for quashing a complaint dated…

- **Court:** HC
- **Order date:** 9 Apr 2026
- **Citation:** TCN-2026-HC-00012
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/bombay-high-court-panaji/vinay-bhadauria-vs-insovlency-and-bankruptcy-board-of-india-through-sunil-kumar-f6a30b94

## Summary

### Background

The case involves a petition filed under Section 482 of the Cr.P.C. for quashing a complaint dated 05.01.2021 under Section 236 of the Insolvency and Bankruptcy Code, 2016, along with other sections of the IPC, registered as case No.SC/38/2021 before the Court of IX Additional District and Sessions Judge, Gwalior.

## Facts

A complaint was filed against the petitioners under Section 236 of the Insolvency and Bankruptcy Code, 2016, along with other sections of the IPC.

The Trial Court in Gwalior took cognizance of the complaint.

The petitioners raised a preliminary objection regarding the lack of territorial jurisdiction before the Trial Court.

The registered office of the company is situated in New Delhi.

The NCLT Principal Bench is situated at New Delhi.

The Ministry of Corporate Affairs designated the Court of Additional Sessions Judge, South-West District, Dwarka, New Delhi, as the Special Court under Section 435 of the Companies Act for the NCT of Delhi.

The respondent argued that the cause of action arose in Gwalior due to the residence of the directors and continuing defaults.

## Issues and analysis

### Issue 1: Whether the Trial Court in Gwalior had the territorial jurisdiction to take cognizance of the …

**Ratio:** The jurisdiction to try offences under the IBC is specifically conferred upon the Special

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**Reasoning:** Section 60(1) of the IBC mandates that the Adjudicating Authority have territorial

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**Interpretation:** The statutory scheme of the IBC and the Companies Act, 2013, clearly mandates

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**Application:** Since the registered office of the company is situated in New Delhi, the

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## Parties

- **Judges:** Rajesh Kuma…
- **Appellants:** Vinay Bha…
- **Respondents:** Insolvency and…
- **Other parties:** Kalabu…
- **Advocates:** Praveen N.…; Ram Pa…

## Timeline

- **2021-01-05 — Complaint…**: Complaint dated 05.01.2021 was filed under Section 236 of the Insolvency and Bankruptcy…
- **2021-09-27 — Summons…**: Summons were issued against the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 236 — Trial of offences by Special Court](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-236)

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