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1970 Supreme(SC) 76

G.K.MITTER, J.M.SHELAT
H. P. Gupta – Appellant
Versus
Hiralal – Respondent


Advocates:
Bishambar Lal Khanna, H.R.GOKHALE, L.K.Jain

Judgment

SHELAT, J.:- All these appeals, founded on a certificate granted by the High Court of Allahabad, raise a common question as to jurisdiction. The appeals arise from complaints filed by the respondent in the Court of First Class Magistrate at Meerut under section of the Companies Act, 1956 on an allegation of failure on the part of the appellant, the director-in-charge of M/s Iron Traders (Private) Ltd., to pay to him dividends on shares held by him, although the dividends were declared by the company for the respective years: The question being common, all these appeals are disposed of by a common judgment.

2. The appellant contended that the Magistrate at Meerut had no jurisdiction to try the complaints and that the Magistrate at Delhi, where the company s registered office is situate, who would have the jurisdiction. The Magistrate rejected the contention and held that as the dividend had to be paid at the registered address of the respondent, which was at Meerut, it was the Meerut Court which had the jurisdiction. The Sessions Judge, on appeal, upheld the order of the Magistrate and in revision the High Court, rejecting the appellant s contention, confirmed the view taken















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