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2002 Supreme(Cal) 338

ASOK KUMAR GANGULY
Ikb AUTOMOTIVE SEATING AND SYSTEM LTD – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
BHASKAR SEN, CHANDRIKA JOSHI, Debi Prasad Pal, MANISHA SEAL, PRANAB PAL, S.PAL CHAUDHARY, SUDIPTO SARKAR

A. K. GANGULY, J.

( 1 ) THIS matter was heard on a number of days on the question of territorial jurisdiction of this Court to entertain, try and determine the points involved in this writ petition.

( 2 ) SINCE the jurisdiction of this Court was invoked by the writ petitioner on the ground that the entire cause of action or at least a part of it has arisen within the territorial jurisdiction of this court, a few facts relevant to the said question may be noted, keeping in mind the principle that the question of territorial jurisdiction is to be decided on the facts pleaded in the writ petition.

( 3 ) THE writ petitioner No. 1 is the holding company incorporated under the Companies act and the petitioner No. 2 is another company. Petitioner No. l holds about 50. 1% share capital of the petitioner No. 2 and the balance 49. 9% of the share of the petitioner no. 2 is held by the respondent No. 3. The petitioner No. 2 is engaged, inter alia, in the manufacture and sale of automobile seat belts and systems.

( 4 ) ON or about 16th September 1991, a joint venture agreement in writing was made between the petitioner No. 1 and the respondent No. 3. The said agreement was for manufacture o








































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