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D.R.DESHMUKH
Asset Reconstruction Co. (India) Ltd. – Appellant
Versus
Uniworth Textiles Ltd – Respondent
1. This common order governs identical CA Nos. 339/2011 and 484/2010filed by the respondent-company in CP No. 3/2010 and 4/2010, respectively.
2. Both CP Nos. 3/2010 and 4/2010 have been filed before the PrincipalBench, Company Law Board (?CLB?) under section 247 along with section 237(b) ofthe Companies Act, 1956 (?the Act?).
3. The registered office of the company, i.e., Uniworth TextilesLtd. (CP No. 3) is situated at Calcutta (West Bengal) while the registeredoffice of the company, i.e., Indoworth India Ltd. (CP No. 4/2010) issituated in Nagpur (Maharashtra).
4. It is not in dispute that if both CP Nos. 3 and 4 were stand alonepetitions under section 237-B the territorial jurisdiction to hear CP Nos. 3and 4 under the distribution of work order would have been with the EasternBench, Kolkata and the Western Bench, Mumbai, respectively.
5. The only premise on which CA Nos. 484 and CA No. 339 have been arguedbefore me by both counsel appearing for the company is that the words ?in thecourse of any proceedings before it? appearing in section 247(1A) of the Actshould be interpreted as ?in the course of any proceedings other than undersection 247(1A)?. In other words according to the
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