Hon'ble Raghvendra Kumar,J.
Heard Sri Manoj Kumar Sharma learned counsel for the appellant and Sri Arnab Banerjee the learned counsel for the respondent.
The subject matter of this appeal arises out of an order passed in a company petition in relation to a company which is situate in Ranikhet District Almora currently within the territorial jurisdiction of Uttarakhand High Court.
Learned counsel for the parties state that the matter may require consideration for transfer of the matter to Uttarakhand High Court for which this appeal is required to be presented before Hon. The Chief Justice on the administrative side. In this regard the provisions of Section 35 of the U.P. Reorganisation Act, 2000 need to be referred. Sub-section 3 of Section 35 along with the proviso presides as under:
"35. Transfer of proceedings from Allahabad High Court to Uttarakhand High Court.-(i)Except....................................
(2) Such......................................
(3) Notwithstanding anything contained in sub-sections (1) and (2) of this section or in Section 28, but save as hereinafter provided, the High Court at Allahabad shall have, and the High Court of Uttaranchal shall not have , jurisdiction to entertain, hear or dispose of appeals, applications for leave to the Supreme Court, applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the High Court at Allahabad before the appointed day:
Provided that if after any such proceedings have been entertained by the High Court at Allahabad, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of Uttaranchal, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly."
Accordingly, a note in this regard be placed before Hon. the Chief Justice by the office for appropriate orders of transmission, if necessary.
Order Date :- 19.4.2016 Om.