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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANISH PITALE, SHREERAM V.SHIRSAT
Shekhar Champalal Pagaria through Proprietor – Appellant
Versus
CFM Assets Reconstruction Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. circuit bench kolhapur prompts jurisdiction transfer request. (Para 1 , 5) |
| 2. npa loan leads to drt order, drat remand. (Para 2 , 3 , 4) |
| 3. rule 3a vests exclusive jurisdiction in kolhapur bench. (Para 6 , 7 , 8 , 9 , 10) |
| 4. drat mumbai location sustains principal seat jurisdiction. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 5. relief targets drat/drt within mumbai jurisdiction. (Para 19 , 20) |
| 6. appellate order constitutes part of cause of action. (Para 21 , 22 , 23 , 24 , 25) |
| 7. merger doctrine affirms appellate forum jurisdiction. (Para 26 , 27 , 28 , 29) |
| 8. distinguishes precedents; rejects kolhapur transfer. (Para 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 9. petition continues at principal seat, interim extended. (Para 37 , 38) |
ORDER :
Manish Pitale, J.
The establishment of the Circuit Bench at Kolhapur has led to a specific question being raised on behalf of the petitioners to the effect that the present petition, originally filed and registered at the Principal Seat of this High Court, upon establishment of the Circuit Bench at Kolhapur ought to be transferred to the Circuit Bench. It is claimed that upon establishment of the Circuit Bench at Kolhapur and in the light of Rule 3
Principal Seat retains jurisdiction over writ challenging appellate tribunal order within its territory despite origin in Circuit Bench district; no ouster or mandatory transfer under Rule 3A as appe....
The territorial jurisdiction for hearing writ petitions under Article 227 is determined by the location of the original authority, not the appellate authority, as mandated by administrative rules.
The jurisdiction of a High Court under Article 227 pertains only to the Debts Recovery Tribunal located within its territorial limits, not an appellate tribunal for matters originating outside its ju....
The jurisdiction for challenging appellate tribunal orders lies in the High Court corresponding to the original tribunal's location, affirming the principle that appellate orders merge with original ....
The court established that the location of the Revisionary Authority and the doctrine of merger allow petitioners to file writs in the court where the authority is situated, affirming their right to ....
Jurisdiction of courts is determined by the location of the cause of action and convenience, not merely by where hearings are conducted.
Reading of section 260A(1) would go to show that an appeal shall lie to the High Court from “every order” passed in appeal by the Tribunal if the High Court is satisfied that the case involves a subs....
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