Under Section 10 of the Companies Act, 1956, the court having jurisdiction to wind up a company is the High Court having jurisdiction in relation to the place at which the registered office of the company concerned is situated, except to the extent to whih jurisdiction has been conferred on any District Court/ (s) subordinate to the High Court. However, winding up of a company with a paid up share capital of Rs. 1lakh or more must take place in the High Court.
Meaning of Registered Office for Purposes of Section 10
Registered office for the purposes of deciding jurisdiction of the winding up court shall mean the place which has longest been the registered office of the company during six months immediately preceding the presentation of the petition for winding up.
It may be noted that even if there is an agreement that dispute shall be resolved before any specific court, winding up petition can only be filed before the court where registered office of the company is situated [G.T.e. Industries Ltd. Vs. Parasrampuria Trading & Finance (P.) Ltd. (1997) 19 SCL 536 (All)].
Again, in Haryana Telecom Ltd. Vs. Serlite Industries Ltd, the Supreme Court held that, the High Court should decide a petition for winding up a company under the Companies Act and not under the Arbitration and Counciliation Act even if there was an arbitration agreement between the parties [Business Standerd 17 July 1999].
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