Jammu & Kashmir High Court - Srinagar Bench
Hotel Johar (P) Ltd With Its Registered ... vs Prabhjit Singh Johar on 8 May, 2015
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR CTA No. 35 of 2013 Hotel Johar (P) Ltd with its registered office at Shiv Pora, Srinagar S. Amarjeet Singh Johar, S/o S. Surrender Singh Johar, R/o shivpora, Srinagar. Smt. Kiran Kaour Johar, W/o S. Amarjeet Singh Johar, R/o Shiv Pora, Srinagar. Kanwaljit Singh Johar, S/o S.Amarjeet Singh Johar, R/o Shiv pora, Srinagar. Petitioners Prabhjit Singh Johar, S/o Late Shri Sardar Surrender Singh Johar, R/o m House No. J 1849, First Floor, C.R. Park, New Delhi 110019, Smt. Smt. Satender Kaur Johar, S/o Late Shri Shri Sardar Surrender Singh Johar R/o House No. J-1849, First Floor, C.R. Park, New Delhi- 110019. Company Law Board, Government of India, 3rd Floor D-Block, Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi 110003, through its Member. Regional Director (Northern Region), Ministry of Corporate Affairs, Office of Regional Director (NR), Pdil Bhawan, Ground Floor, A-14, Sector-1, NOIDA (UP). Registrar of Companies, Jammu & Kashmir, South Block, Bahu Plaza, Jammu. Respondents !Mr. Z.A. Shah, Sr. Advocate ^Mr. M. A.Qayoom, Adv. for 1 and 2 None for 3 to 5 Honble Mr. Justice N. Paul Vasanthakumar, Chief Justice Date: 8/05/2015 : J U D G M E N T :
This application is filed seeking transfer of AUCA no. 01/2013 and CMP No. 01/2013 along-with Contempt petition from Jammu Wing to Srinagar Wing of this Court. In the application filed for transfer, it is stated that the Hotel Johar (P) Ltd is an incorporated company which has been registered at Srinagar bearing Incorporation Registration No. 440 of 1980 dated 14.01.1980.
The dispute between applicants and respondent Nos. 1 and 2 was heard by Company Law Board at New Delhi which passed an order on 10.07.2009 against which the applicants filed an appeal before Srinagar Wing of this Court being Appeal No. 01/2009. The said appeal is still pending in this Court. Against another order passed on 30.11.2012 respondent Nos. 1 and 2 filed an appeal in Jammu Wing of this Court being AUCA No. 01/2013 and CMA No. 01/2013, which is pending there.
Since the appeal is already pending before the Srinagar Wing of this Court, therefore, it would be appropriate that the Appeal filed by respondents 1 and 2 at Jammu Wing of this Court is heard at Srinagar Wing of this Court. Respondents 1 and 2 have also filed civil suit against the applicants before the Principal District Judge at Baramulla in respect of the property situated at Gulmarg which suit is also pending.
Respondent Nos. 3 and 4 have been served, but neither their counsel is present nor objections have been filed to oppose the application for transfer.
Considering the facts and circumstances of this case, I am of the view that interest of justice could be met by directing that AUCA no. 01/2013, CMP No. 01/2013 along-with Contempt petition be transferred from Jammu Wing to Srinagar Wing of this Court and shall be listed before the Bench having the roster, and same may be disposed of by 1st week of July 2015.
This transfer application is disposed of.
(N. Paul Vasanthakumar) Chief Justice Srinagar.
8th May 2015 Altaf