Case Note & Summary
The appeal was filed against an order dated 19.08.2026 by the NCLT, Mumbai, concerning a company petition assigned to Court No. 1 since its filing on 25.10.2018. An admission order was passed on 23.09.2019, which was later set aside by the NCLAT on 12.03.2020. The Supreme Court restored the application under Section 7 on 09.08.2021, directing the parties to appear on 24.08.2021. The appellant contended that the matter was transferred to Court No. III without a proper transfer application or order, leading to the filing of I.A No. 4404 of 2025 to challenge this jurisdiction. The NCLAT noted that another application, I.A No. 2601 of 2023, was scheduled for 14.10.2026, while I.A No. 4404 of 2025 was listed for 21.09.2026. The Tribunal disposed of the appeal by instructing NCLT to hear and resolve the jurisdictional challenge within three weeks, ensuring that the rights of both parties remained intact. The appeal and pending applications were thus closed.
Headnote
A) Company Law - Jurisdiction - Challenge to Jurisdiction of NCLT - National Company Law Tribunal, 2016, Section 7 - Appellant contested the jurisdiction of Court No. III without a transfer application or order. The Tribunal directed NCLT to resolve the jurisdictional challenge within three weeks, preserving the rights of both parties. Held that the matter should be addressed expeditiously (Paras 2-4).
Issue of Consideration
Whether the jurisdiction of Court No. III of NCLT was properly invoked in the absence of a transfer application or order.
Final Decision
The NCLAT disposed of the appeal, directing NCLT to hear and resolve I.A No. 4404 of 2025 within three weeks from 21.09.2026, while preserving the rights of both parties.
Law Points
- Jurisdiction
- Appeal
- Company Petition
- NCLT
- I.A. application
