Mineria Nacional Limitada And Anr. vs Sociedade De Fomento Industrial Pvt. ... on 4 October, 2006
4. The learned Division Bench in Bais Surgical & Medical Institute Put. Ltd. and Ors. v. Dhananjay Pande and Ors. (supra) had referred to Stridewell Leather (P) Ltd. and Ors. v. Bhankerpur Simbhaoli Beverages (P) Ltd. (supra) and observed that the main question that had arisen in that case was not about the strength of the Bench but was about the territory (sic. territorial) jurisdiction and that the Hon'ble Apex Court had held that the High Court within whose territorial jurisdiction the registered Office of the Company was situated was the Court which had jurisdiction and not the place within whose jurisdiction the Company Law Board (CLB) or its Bench was located. At the same time, the learned Division Bench observed that the question as to the Bench strength was also addressed, discussed and the Lordships of the Apex Court had pointed out even on this point, and, these observations were contained in para 13 and the dictum was that the jurisdiction to hear and decide the appeal under Section 10F of the Companies Act shall lie before the Division Bench.