ORDER
A.M. Sapre, J.
1. This is a reference sent by B.I.F.R. to this Court under Section 20(2) of SICA in relation to a company known as Dewas Synthetics (P.) Ltd. ('company') for passing a winding up order to wind up this Company.
2. Though this court has entertained the reference on its receipt, it is now pointed out to me by the official liquidator in his report dated 30-4-2003 that the registered office of the company is situated at 66/2, Neemtala Ghat Street, Calcutta. It is also contended that even the inquiries made from Registrar of the Companies reveals that there is no registered office of the Company situated in State of M.P. It is on this basis the O.L. has prayed that in terms of Section 10 of the Companies Act the reference should have been made/sent to concerning High Court i.e. Calcutta High Court and not to this Court which does not possesses the jurisdiction to entertain the reference for passing final orders of winding up.
3. I am inclined to accept the prayer made by the O.L. Section 10(a) of the Companies Act provides that the High Court having jurisdiction under this Act shall be the High Court having jurisdiction in relation to the place at which the registered office of the Company is situated. So in order to determine the territorial jurisdiction of any company petition filed for winding up of company, the Court is only required to see where the registered office of the Company is situated. The use of the expression in Section 20 of SICA 'concerned High Court' has to be seen in the context of Section 10 of the Companies Act.
4. It is not in dispute that in the present case, the registered office of the 'Company' is situated at 66/2, Neemtala Ghat Street, Calcutta, under these circumstances, the BIFR was required to send the reference to Calcutta High Court that being the only proper and concerned High Court.
5. Submission of learned counsel for the company was that this issue has since been decided by the then Company Judge in favour of Company by overruling this objection and the issue is now subjudice in appeal. In my view, it is of no significance. This Court retains full jurisdiction to correct the apparent errors of law as and when pointed out. When the legislative intent is so clear and makes no room for any other interpretation. When one reads Section 10 ibid, the orders passed earlier can always be rectified/recalled in the interest of justice and to prevent the error to perpetuate.
6. Accordingly and in view of aforesaid discussion, the prayer made by O.L. is accepted. It is held that this Court (M.P. High Court Indore Bench) is not the concerned High Court within the meaning of Section 20 of SICA read with Section 10 of the Companies Act. Accordingly, it is not possessed of any territorial jurisdiction to entertain, receive and/or decide the reference sent by BIFR in respect of the Company. The Registry is directed to return all papers received by them from the BIFR in respect of the company to the office of BIFR for being forwarded to Calcutta High Court it being the concerned High Court immediately along with the true copy of the order passed by this court for their record and information.
No costs.