Himachal Pradesh Court January 1974 Judgments

Himachal Terpene Products (P.) Ltd. Vs. Registrar of Companies

Court: Himachal Pradesh

Reported in: [1976]46CompCas200(HP)

R.S. Pathak, C.J. 1. This petition was heard on October 19, 1973. The petitioner was represented by counsel but no one appeared on behalf of the Registrar of Companies nor was the Registrar present in person. After hearing learned counsel for the petitioner, the petition was allowed. Subsequently the Registrar of Companies sent a communication to this court inviting its attention to a notification No. G.S.R. 663. dated May 29, 1959, and he has submitted that, by virtue of that notification, the district courts alone have jurisdiction in respect of the subject-matter of the petition and that power in that respect no longer vests in the High Court. The contention is that the petition is not maintainable in this court. Upon this, notice was issued to the parties afresh. The Registrar of Companies has sent a submission in writing but he is neither present to-day nor is he represented by counsel. The petitioner is represented by Shri Kailash Chand, an advocate of this court. 2. Section 10 o...