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UJJAL BHUYAN, A. VENKATESHWARA REDDY
Maruthi Ginning and Pressing Factory – Appellant
Versus
Recovery Officer, Debts Recovery Tribunal-II, Hyderabad – Respondent
JUDGMENT :
UJJAL BHUYAN, J.
1. We have heard Mr. V.V. Ramana, Mr. T. Vijay Kumar, Mr. P. Nagendra Reddy, Mr. D. Raghavulu, Ms. P. Hamsa Durga, Ms. Mohana, Mr. Venkatesh and Mr. G.K. Deshpande, learned counsel for the petitioners. Also heard Mr. Ch. Srinivas, Mr. K. Viswanadham, Mr. A. Krishnam Raju and Mr. Maruti Jadav, learned counsel for the respondents.
2. On our request, Mr. B.S. Prasad, learned Advocate General for the State of Telangana had appeared and assisted us in the hearing.
3. The core issue which has arisen for consideration in this batch of writ petitions was summed up by this Court in the order dated 03.12.2021 passed in Writ Petition No. 31871 of 2021. Therefore, relevant portion of the order dated 03.12.2021 is extracted hereunder:
We may mention that the loan transaction had taken place at Dharmavaram in the State of Andhra Pradesh. The borrowers and the bankers are also at Dharmavaram, so also the guarantors. For administrati
Article 226 of the Constitution of India was amended by the Constitution (15th Amendment) Act, 1963 whereby Clause (1A) was inserted in Article 226 thereby introducing the concept of cause of action,....
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 main legal point established in the judgment is the interpretation of 'cause of action' and the concept of territorial jurisdiction under Article 226 of the Constitution in relation to the notice....
A High Court's jurisdiction under Article 226(2) requires that part of the cause of action arises within its territorial limits.
The court ruled that the High Court lacks jurisdiction to entertain writ petitions when the integral part of the cause of action arises outside its territorial limits, despite minor connections to th....
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