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1963 Supreme(Online)(Bom) 5

BOMBAY HIGH COURT
Mr. K. K. Desai, J
All India Motor Transport Mutual Insurance Co. Ltd. v. Raphael George of Bombay Indian Inhabitant


Advocates:
For the Appellant: Mr. Bhatt
For the Respondent: Mr. Kothare

1. This appeal is filed by the original respondent Company against a decision of Mr. Justice K. K. Desai holding that this Court had jurisdiction to entertain the petitioner's petition for winding up of the respondent Company although its registered office was situated within the local limits of the Principal Civil Court of Original Jurisdiction of the Poona District and not within the limits of the Ordinary Original Civil Jurisdiction of this Court.

2. It was contended on behalf of the Company before the learned Judge that this Court was not competent to entertain the petition, inasmuch as the definition of "Court" as given in S.2(6) of the Insurance Act. 1938, referred to the principal Civil Court of Original jurisdiction in a district and the expression also included "the High Court in exercise of its ordinary original civil jurisdiction, "and that, therefore, the Company having had its registered office in Poona, only the principal Civil Court of original jurisdiction in that district would have jurisdiction to entertain the petition. On behalf of the petitioner, on the other hand, it was contended that under S.53 of the Insurance Act, an Insurance Company could be wound up by t








































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