# In the matter of Innovative Textiles Ltd. CP No. (IB)425-ALD-2018

> NCLT judgment dated 2019-02-12. Citation: TCN-2019-NCLT-04888. The petitioner sought to withdraw CP No. (IB) 425/ALD/2018, requesting the liberty to file…

- **Court:** NCLT
- **Order date:** 12 Feb 2019
- **Citation:** TCN-2019-NCLT-04888
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/innovative-textiles-ltd-cp-no-ib425-ald-2018-3d4bb799

## Summary

### Background

The petitioner sought to withdraw CP No. (IB) 425/ALD/2018, requesting the liberty to file before the appropriate authority with the correct jurisdiction. The basis for this request was that the National Company Law Tribunal (NCLT), Allahabad Bench, lacked the territorial jurisdiction to entertain the matter. The respondent corporate debtor's registered office is located in New Delhi, further supporting the claim of jurisdictional deficiency.

## Facts

The petitioner filed CP No. (IB) 425/ALD/2018. The petitioner sought to withdraw the petition, requesting permission to file before the appropriate authority having jurisdiction. The basis for the withdrawal was that the NCLT Allahabad Bench lacked territorial jurisdiction because the respondent corporate debtor's registered office is located in New Delhi. The court acknowledged the jurisdictional issue and permitted the withdrawal with liberty to refile in the appropriate jurisdiction.

## Issues and analysis

### Issue 1: Whether the Allahabad Bench of the National Company Law Tribunal (NCLT) has the territorial …

**Ratio:** The principle of territorial jurisdiction dictates that a court or tribunal can only

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**Reasoning:** The court reasoned that because the respondent corporate debtor's registered office is

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**Interpretation:** The interpretation of territorial jurisdiction in this context means that the

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**Application:** In this specific case, the ratio and reasoning were applied to the fact that

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## Parties

- **Judges:** Saroj Ra…; BIKKI RAVEENDRA…
- **Appellants:** Divya Swaroop…
- **Respondents:** Ganesh Ecosphere…; Sayyed Kashif…

## Timeline

- **2019-02-12 — Order Da…**: The order was issued disposing of the petition as withdrawn with liberty to file before…

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This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/innovative-textiles-ltd-cp-no-ib425-ald-2018-3d4bb799