Supreme Court of India

Sumitomo Corporation v. Cdc Financial Services (mauritius) Ltd. & Ors.

Neutral citation
Reported as [2008] 3 S.C.R. 309
Bench Tarun Chatterjee and P. Sathasivam JJ.
Decided 22 February 2008

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

For the aforesaid reasons, we are of the opinion that the expression "the High Court" in Section 10-F of the Companies Act means the High Court having jurisdiction in relation to the place at which the registered office of the G company concerned is situate as indicated by Section 2(11.) read with Section 10(1 )(a) of the Act.

Judgment, page 13

From the headnote

Companies Act, 1956 - ss.10(1)(a), 10F - Appeal - Territorial jurisdiction - Order of Company Law Board refusing to refer the parties to arbitration uls. 45 of the Arbitration Act - c · Appeal against - Held: Shall lie to the High Court within ;urisdiction of which the Registered Office of the company in issue is situatea - Arbitration and Conciliation Act, 1996 - ss.50,45. Respondent Nos.1 to 5 filed company petition before ~ the Company Law Board (CLB) seeking redressal under ss.397, 398 and 402 of the Companies Act, 1956 for oppression and mismanagement on the part of Appellant and the

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