ORDER

% 31.01.2024 CM APPL. 5813/2024 (Exemption) Allowed, subject to all just exceptions.

W.P.(C) 1415/2024

1. The present Writ Petition has been filed with the following prayers:

“(a) Issue an appropriate writ, order and/or direction in favour of the Petitioner and against the Respondents setting aside the impugned demand letter reference No.

2809/SIDA/RMS dated 11.1 0.2023 for a sum of Rs. 29,62,288/- being illegal and unlawful having been quashed by the Ld. Arbitrator vide Arbitral Award dated 24.12.2019; (b) Issue an appropriate writ, order or direction in favour of the Petitioner and against the Respondents and especially the Respondent No. 1 to give necessary direction to its agent Respondent No. 2 not to resort to illegal and unlawful acts and hamper the rights of the Petitioner to do its legitimate business for earing its livelihood as well as not to hamper the legitimate business interest of the Petitioner by resorting to any illegal, unlawful acts within the four corners of Article 19 (1) (g) of the Constitution of India;

(c) Issue an appropriate writ, order or direction in favour of the Petitioner and against the Respondents especially the Respondent No. 2 to follow the norms of the Government of India on the aspect of ease of doing business so that such directions of the Government of India does not remain on paper for not being implemented by its agency within the territory of India;

(d) Issue an appropriate writ, order or direction in favour of the Petitioner and against the Respondents especially the Respondent No.2 to compensate the Petitioner by all penal interest being charged by the Bank of Baroda or due to neglect of the Respondent No. 2 the Bank of Baroda is threating the Petitioner of coercive action having the propensity of jeopardizing the legitimate business interest of the Petitioner to carry out its day to day business activities from the industrial unit located in EPIP Naida within the control of the Respondent No.2;

(e) Issue an appropriate writ, order or direction in favour of the Petitioner and against the Respondents awarding costs of the present Petition which the Petitioner was forced to file for the neglect and illegal and unlawful acts of the Respondents especially the Respondent No.2; and (f) Pass such further order(s) and/or direction(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interests of justice or equity.”

2. The entire cause of action has arisen in Noida, UP, which is outside the territorial jurisdiction of Delhi.

3. Learned Counsel for the Petitioner seeks permission to withdraw the present Writ Petition with liberty to file a fresh Writ Petition before the High Court of Judicature at Allahabad.

4. Leave and liberty, as sought for, is granted.

5. The Writ Petition is disposed of as withdrawn along with the pending applications, if any.

6. It is made clear that this Court has not entertained the present Writ Petition on the ground of territorial jurisdiction only and no observations have been made on the merits of the case.

SUBRAMONIUM PRASAD, J JANUARY 31, 2024 Rahul