- (1.) T.C.P No. 326/I&BC/NCLT/MB/MAH/2017 The Learned Representative of the Petitioner is informed that this Petition was filed before the Hon'ble Bombay High Court. However, the address of the Respondent Debtor is in Andhra Pradesh State. For ready reference, the details of the Respondent is as under :- "BRG Energy Limited, Unit No.4, Plot No. 40, APIIC, Phase-1, Pashamailaram Village, Patancheru Mandal, Medak District- 502319, Andhra Pradesh and Plot No. 838, Vivekananda Nagar Colony, Kukalpally, Hyderabad Andhra Pradesh- 500 072 CIN: U40101TG2006PLC050709"
(2.) Learned Representative has put a note on the Order Sheet that the Petition be allowed to be withdrawn with a liberty to file appropriate Petition before the appropriate forum.
(3.) All these winding up Petitions were filed before the Hon'ble High Court by invoking the old provisions of the Companies Act, Section 433(e) have been transferred to NCLT, to be dealt with according to the Insolvency & Bankruptcy Code 2016. Under this Code, as per Section 60, the territorial jurisdiction is over the place where the Registered Office of the Corporate Debtor is located. Due to this reason, the Petition is not within the jurisdiction of NCLT, Mumbai Bench. The Learned Representative is 4 also clarified that even the Petition before the Hon'ble Bombay High Court was out of jurisdiction.;