This is a Company Appeal (AT) (Insolvency) No. 409 of 2018. The appeal was preferred by the Appellant, an Operational Creditor, against an order dated May 15, 2018, passed by the Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi. The Adjudicating Authority had previously ruled that the territorial jurisdiction over the matter lay with the NCLT-Adjudicating Authority Chandigarh, directing the petition to be filed before the jurisdictional bench.
The Appellant, Spectrum Voyages Pvt. Ltd., an Operational Creditor, filed an appeal against Fortis Healthcare Ltd. The Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi, had previously ruled that it lacked territorial jurisdiction over the matter, stating that the jurisdiction lay with the NCLT-Adjudicating Authority Chandigarh. The Appellant argued that the NCLT in New Delhi had jurisdiction because the Appellant is located there. However, the Corporate Debtor's registered office is situated in Gurgaon, Haryana. The key fact is the location of the Corporate Debtor's registered office, which determines the appropriate Adjudicating Authority under Section 60 of the I&B Code.
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The Adjudicating Authority (National Company…
The Appellant, an Operational Creditor,…
This is a Company Appeal (AT) (Insolvency) No. 409 of 2018. The appeal was preferred by the Appellant, an Operational Creditor, against an order dated May 15, 2018, passed by the Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi. The Adjudicating Authority had previously ruled that the territorial jurisdiction over the matter lay with the NCLT-Adjudicating Authority Chandigarh, directing the petition to be filed before the jurisdictional bench.
The Appellant, Spectrum Voyages Pvt. Ltd., an Operational Creditor, filed an appeal against Fortis Healthcare Ltd. The Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi, had previously ruled that it lacked territorial jurisdiction over the matter, stating that the jurisdiction lay with the NCLT-Adjudicating Authority Chandigarh. The Appellant argued that the NCLT in New Delhi had jurisdiction because the Appellant is located there. However, the Corporate Debtor's registered office is situated in Gurgaon, Haryana. The key fact is the location of the Corporate Debtor's registered office, which determines the appropriate Adjudicating Authority under Section 60 of the I&B Code.
The Adjudicating Authority (National Company…
The Appellant, an Operational Creditor,…