# In the matter of Atin Arora Vs. Oriental Bank of Commerce C.O. No.3894 of 2019 With CAN 12340 of 2019

> HC judgment dated 2020-08-13. Citation: TCN-2020-HC-00021. The revisional application was filed by a director of the suspended board of directors of George…

- **Court:** HC
- **Order date:** 13 Aug 2020
- **Citation:** TCN-2020-HC-00021
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-chandigarh-bench/atin-arora-vs-oriental-bank-of-commerce-co-no3894-of-2019-with-can-12340-of-2019-b576a771

## Summary

### Background

The revisional application was filed by a director of the suspended board of directors of George Distributors Private Limited, the corporate debtor, challenging an order dated November 5, 2019, passed by the National Company Law Tribunal (NCLT), Kolkata Bench, which refused to recall an earlier order dated September 5, 2019. The September 5, 2019 order had admitted an application filed by Oriental Bank of Commerce, the financial creditor, under Section 7 of the Insolvency and Bankruptcy Code, 2016, and initiated Corporate Insolvency Resolution Process (CIRP) against the corporate debtor. The petitioner argued that the NCLT Kolkata lacked jurisdiction because the corporate debtor's registered office had shifted from Kolkata to Odisha on January 16, 2018, and the NCLT

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## Facts

George Distributors Private Limited, the corporate debtor, had its registered office initially in Kolkata. Oriental Bank of Commerce, the financial creditor, filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016, before the NCLT Kolkata for initiating CIRP against the corporate debtor. The corporate debtor's registered office shifted from Kolkata to Odisha on January 16, 2018. The financial creditor was informed of this change. The NCLT Kolkata passed an order on September 5, 2019, admitting the application and initiating CIRP. The corporate debtor filed an application before the NCLT Kolkata for recalling the order, contending that the NCLT Kolkata lacked jurisdiction. The NCLT Kolkata rejected the application for recall on November 5, 2019.

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## Issues and analysis

### Issue 1: Whether the NCLT Kolkata had the territorial jurisdiction to entertain the application filed by the …

**Ratio:** Section 60(1) of the Insolvency and Bankruptcy Code, 2016, stipulates that the

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**Reasoning:** The High Court reasoned that the NCLT Kolkata lacked territorial jurisdiction because the

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**Interpretation:** Section 60(1) of the IBC is interpreted to mean that the NCLT with jurisdiction

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**Application:** In this case, since the registered office of George Distributors Private

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## Parties

- **Judges:** Shampa S…
- **Appellants:** Atin A…
- **Respondents:** George Distributor…; Oriental Bank of…
- **Advocates:** Mainak…; Rishabh K…; +5 more

## Timeline

- **2018-01-16 — Registered Off…**: The corporate debtor, George Distributors Private Limited, shifted its registered office…
- **2019-01-09 — Application by…**: Oriental Bank of Commerce, the financial creditor, filed an application under Section 7…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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