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2006 Supreme(Cal) 186

JYOTIRMAY BHATTACHARYA
ALAN KAYE – Appellant
Versus
RECOVERY OFFICER, EMPLOYEES PROVIDENT Fund ORGANISATION, WEST BENGAL – Respondent


Advocates Appeared:
ARIJIT CHAUDHARY, ARUNAVA GHOSH, ASHOK DAS ADHIKARY, SANDIP, SOUMYA MAJUMDAR, SUDHANGSHU SIL

Jyotirmay Bhattacharya, JJ.

( 1 ) THE validity and/or legality of the notice of demand dated 8th August, 2005 being annexure 'p-1' to this writ petition, is under challenge in this writ petition.

( 2 ) INITIALLY when this application was taken up for hearing at the motion stage, a preliminary objection regarding entertainability of this writ petition by this Court, was raised by Mr. Das Adhikary, learned Senior Advocate, appearing for the Provident Fund Authorities, viz. , the respondent Nos. 1 and 2 herein, on the ground that since the cause of action for this writ petition arose in Maharashtra and the office of the principal respondent is situated in Maharashtra both of which are beyond the territorial jurisdiction of this Court, this Court has no jurisdiction to entertain this writ petition.

( 3 ) THE said preliminary objection regarding entertainability of this writ petition was overruled by this Court on 10th January, 2006 as this Court found that a substantial part of the cause of action of this writ petition arose within the territorial jurisdiction of this Court.

( 4 ) THEREAFTER, when the writ petition was again taken up for hearing, the maintainability of this writ pet









































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