1. This company appeal had been admitted for hearing vide order dated 12.04.2012. An application has been moved on behalf of the respondents under Section 10G of Company Act, 1956 raising objection regarding jurisdiction of Single Judge Bench to hear the said appeal.

2. It is stated that the Company Law Board was heard by Principal Bench which was being presided over by Justice A.K.Banerjee, Chairman Company Law Board accompanied by Mr. Balasubramanium, Secretary Law Board. Prior to appointment as Chairman of Company Law Board, Justice A.K.Banerjee was Judge in Allahabad High Court.

It is further submitted that the Company Law Board is not a Court but a Tribunal and appeal lies to the High Court in whose jurisdiction the registered office of the company is situated.

3. Submission of the respondent present in person is that as the matter has been decided by Judge of the High Court, while sitting as Chairman of Company Law Board, the appeal cannot be heard by Single Bench of the High Court but by a Division Bench and has, therefore, prayed to refer the matter to Hon’ble The Chief Justice to transfer the matter before the appropriate Bench to hear and decide the appeal. He furt