Dismissed

Ashish Lodha Son of Mr. Ashok Lodha v. Indira Ivf Hospital Private Limited

Rajasthan HC2 Sept 2020CW/7545/2020

Case brief

AI extract

What is this about?

High Court Bench at Jaipur dismissed a writ petition challenging corporate matters as it lacked territorial jurisdiction; jurisdiction over Udaipur lies with the Principal Seat at Jodhpur. The court also noted the matter might be non-maintainable as it belongs to the NCLT.

What did the court decide?

Writ petition dismissed with liberty to file afresh at Principal Seat, Jodhpur.

Ashish Lodha Son of Mr. Ashok Lodha Vs Indira Ivf… — Company and Corporate | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No.7545/2020

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Ashish Lodha Son Of Mr. Ashok Lodha, Aged About 41 Years, R/o 153, Road No.10, Ashok Nagar, Udaipur, Rajasthan Promoter, Director And Shareholder, Indira Ivf Hospital Private Limited

¶4

Manish Khatri Son Of Mr. Kamal Khatri, Aged About 40 Years, R/o 318-319, Bhupalpura, Udaipur, Rajasthan, Promoter, Director And Shareholder, Indira Ivf Hospital Private Limited

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----Petitioners

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Versus

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Indira Ivf Hospital Private Limited, Registered At 44, Amar Niwas, Opposite Mb College, Kumbharo Ka Bhatta, Udaipur, Rajasthan

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Ta Asia Pacific Acquisitions Limited, Registered At Maples Corporate Services Limited, P. O. Box 309, Ugland House, South Church Street, George Town, Grand Cayman Ky11104, Cayman Islands, Shareholder, Indira Ivf Hospitals Private Limited

¶9

Dr. Ajay Murdia Son Of Mr. Mahavir Singh Murdia, Aged About 69 Years, R/o 9, Govindpura Colony, Opp. M.b. College Ground, Udaipur, Rajasthan, Promoter, Director And Shareholder, Indira Ivf Hospital Private Limited

¶10

Dr. Kshitiz Murdia Son Of Dr. Ajay Murdia, Aged About 39 Years, R/o 9, Govindpura Colony, Opp. M.b. College Ground, Udaipur, Rajasthan, Promoter, Director And Shareholder, Indira Ivf Hospital Private Limited

¶11

Mr. Nitiz Murdia Son Of Dr. Ajay Murdia, Aged About 41 Years, R/o 9, Govindpura Colony, Opp. M.b. College Ground, Udaipur, Rajasthan, Promoter, Director And Shareholder, Indira Ivf Hospital Private Limited

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Mr. Naresh Patwari Son Of Not Known, Aged About 42 Years, Having Office At - 44, Amar Niwas, Opposite Mb College, Kumbharo Ka Bhatta, Udaipur, Rajasthan, NonExecutive Director, Indira Ivf Hospital Private Limited

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Mr. Dhiraj Poddar Son Of Not Known, Aged About 43 Years, Having Office At - 44, Amar Niwas, Opposite Mb

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(2 of 2)

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[CW-7545/2020]

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College, Kumbharo Ka Bhatta, Udaipur, Rajasthan NonExecutive Director, Indira Ivf Hospital Private Limited 8. Union Of India, Through Secretary, Ministry Of Corporate Affairs, Government Of India, New Delhi.

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----Respondents

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For Petitioner(s) : Mr. R.P. Singh Senior Advocate with Mr. Bhrigu Sharma Mr. Anshul Sharma Mr. Akarsh Mathur

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For Respondent(s) : Mr. Saurav Harsh for Mr. Siddharth Ranka

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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02/09/2020

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The writ petition has been filed by the petitioners who are basically from Udaipur and the respondent no.1 registered office is at Udaipur.

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Although, the writ petition would not be maintainable prima facie as the matter requires to be taken by NCLT. However, even, if the argument is to be entertained regarding maintainability, still the jurisdiction does not lie to this Bench as the territorial jurisdiction has been very clearly demarcated between the Principal Seat at Jodhpur and Jaipur Bench, Rajasthan High Court and jurisdiction regarding to Udaipur is with the Principal Seat Jodhpur.

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In view thereof, the writ petition is dismissed with liberty to file afresh at Principal Seat, Jodhpur, if so desired.

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(SANJEEV PRAKASH SHARMA),J

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Karan Bhutani /20

Ashish Lodha Son of Mr. Ashok Lodha v. Indira Ivf Hospital Private Limited

Case brief

What is this about?

What did the court decide?

Ashish Lodha Son of Mr. Ashok Lodha v. Indira Ivf Hospital Private Limited

Case brief

What is this about?

What did the court decide?

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