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2009 Supreme(Del) 701

AJIT PRAKASH SHAH, NEERAJ KISHAN KAUL
New India Assurance Co. Ltd. – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Mr.A.S.Chandhiok and Mr.A.Y. Chitale, Sr. Advocates with Ms.Sunaina Dutta, Ms.Sweta Kakkad and Ms.Dimple Murria, Mr.Yashobant Das, Sr. Advocate with Mr.Kulbharat and Mr.Sukumar, Advocates for respondent No.3

AJIT PRAKASH SHAH, CJ:

1.This appeal is placed before this bench in view of the reference made by the Division Bench. The appeal arises from an order of the learned single Judge dismissing the writ petition summarily on the ground that significant part of the cause of action could not be said to have arisen within the territorial jurisdiction of this Court merely because the order under challenge had been passed by the Appellate Authority located within its territorial jurisdiction when the events leading to the filing of the proceedings before the Appellate Authority and the parties to such proceedings are located outside the territorial jurisdiction of this Court. The learned single Judge relying on various judgments including Ambica Industries v. Commissioner of Central Excise, 2007 (6) SCC 769, Bombay Snuff (P) Ltd. v. Union of India, 125 (2005) DLT 605, Rajkumar Shivhare v. Assistant Director of Enforcement, Mumbai, 154 (2008) DLT 28 and West Coast Ingots (P) Ltd. v. Commissioner of Central Excise, New Delhi, 2007 (209) ELT 343 (Delhi) held that going by the strict provisions of Clause (1) of Article 226 of the Constitution of India, this Court had the jurisdiction to entert


























































































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