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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
NCDEX e Markets Limited – Appellant
Versus
Authorised Officer, Canara Bank – Respondent
| Table of Content |
|---|
| 1. preliminary objection on maintainability. (Para 1) |
| 2. factual background of the proceedings. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 3. court's analysis on jurisdiction under article 227. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 4. ratio on jurisdiction of high courts regarding appellate authorities. (Para 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44) |
| 5. conclusion and dismissal of the application. (Para 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56) |
Judgment :
Hiranmay Bhattacharyya, J.
1. The opposite party no. 1/Bank raised a preliminary objection against maintainability of this application under Article 227 of the Constitution of India before this Court. The preliminary objection raised by the Bank is that the petitioners are required to file instant application before the High Court within whose jurisdiction the Debts Recovery Tribunal is situated. In view thereof, the parties were invited to advance their argument on the issue of jurisdiction only.
2. Before this Court proceeds to deal with the question of jurisdiction, only the facts that are relevant for the purpose of
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 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.
Power of judicial review of an order transferring an Original Application pending before a Bench of Tribunal to another Bench under Section 25 of Administrative Tribunals Act, 1985 can be judicially ....
The main legal point established in the judgment is that the jurisdiction of the High Court to hear the petition under the Arbitration Act, IAAP No. 106 of 2016, is restored in view of the decision o....
The judgment emphasized the need for clarifying the territorial jurisdiction of High Courts under Article 226(2) in relation to challenges against orders passed by the Chairman, CAT, Principal Bench,....
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....
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