Punjab and Haryana High Court on Tuesday issued notices to Centre and Haryana governments on a public interest litigation challenging the notification whereby the territorial jurisdiction to decide cases of the companies having registered offices in Haryana has been conferred to the National Company Law Tribunal (NCLT) at New Delhi, despite a separate bench of the same at Chandigarh.
The petition moved by the Company Law Tribunal Bar Association, Chandigarh, came up for hearing before the division bench comprising Justices SS Saron and Hari Pal Verma. The Association has sought quashing of the notification issued on June 1 by the Ministry of Corporate Affairs. NCLT bench at Chandigarh is headed by Justice RP Nagrath, a retired judge of the Punjab and Haryana High Court.
Appearing for the Association, senior advocate Anand Chhibbar submitted that when the NCLT bench at Chandigarh has the jurisdiction over the companies with their registered offices in Himachal Pradesh, Jammu and Kashmir, Punjab and Chandigarh, then it can also have the jurisdiction over Haryana.
Chhibbar added that even though all matters pertaining to Haryana have to be dealt in appeals, revisions and writs by the Punjab and Haryana High Court and therefore, to vest territorial jurisdiction of the companies registered in Haryana with the NCLT, New Delhi is totally contrary to the principles of law.
It was submitted that setting up of the NCLT bench at Chandigarh is waste of money as till date only 50-60 cases pertaining to Punjab, Himachal Pradesh Jammu and Kashmir, and Chandigarh Chandigarh have only be transferred from the Company Law Board.