Supreme Court of India · 1999-12-15
H.V. JAYARAM vs INDT.CREDIT&INVST.CORP.OF INDIA LTD.&ORS
- Citation / case number
- SC 1998/20708
- Court
- Supreme Court of India
- Petitioner
- H.V. JAYARAM
- Respondent
- INDT.CREDIT&INVST.CORP.OF INDIA LTD.&ORS
- Author
- M.B.SHAH K.T.THOMAS
- Bench
- M.B.SHAH K.T.THOMAS
Judgment text excerpt
The Supreme Court held that a complaint under Section 113(2) of the Companies Act, 1956 can only be filed in the jurisdiction where the registered office of the company is located, not where the complainant resides. The Court affirmed the High Court's decision that the cause of action arises at the location of the company's head office, as per Section 53 of the Companies Act regarding service of documents. Consequently, the complaint was required to be returned for presentation before the proper court, upholding the High Court's ruling.