- (1.) A preliminary objection is taken on a maintainability of an application under Article 227 of the Constitution of India against an order passed by the Company Law Board, Kolkata rejecting an application under section 8 of the Arbitration and Conciliation Act, 1996.
(2.) A preliminary objection is restricted on a point of law and it would be suffice to say that the Company Law Board was approached by the opposite party alleging oppression and mismanagement in the efface of the company on the majority shareholders. An application under Section 8 of the Arbitration and Conciliation Act, 1996 was taken out by the petitioner and referred to disputes to arbitration because of the existence of an arbitration clause in an agreement entered into between the shareholders and the company.
(3.) According to Mr. Pratap Chatterjee, learned senior counsel representing some of the opposite parties, an application under Article 227 of the Constitution of India is not maintainable as the registered office of the company is situated in the state of Assam. He succinctly submits that the Company Law Board having sit in Kolkata is vested with the jurisdiction to deal with the disputes concerning Sections 397 and 398 of the Companies Act arose in different states comprising the eastern region and held at different places and, therefore, does not have a permanent sit at Kolkata. He thus submits that an appeal under Section 10F of the Companies Act against an order passed by the Company Law Board would lie to a High Court where the registered office of the company is situated. According to him, though the Company Law Board exercising jurisdiction in the eastern region has a seat at Kolkata but the different High Courts have jurisdiction to entertain an appeal under Section 10F of the Companies Act on the basis of the registered address of the company. He thus submits that if the appeal under Section 10F of the Companies Act lies to the Gwahati High Court, an application under Article 227 of the Constitution of India against interlocutory order shall also lie before the said High Court.;