SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Del) 9730

IN THE HIGH COURT OF DELHI AT NEW DELHI
Purushaindra Kumar Kaurav, J
Nationwide Shipping Services Limited – Appellant
Versus
Oil And Natural Gas Corporation Ltd. – Respondent
W.P.(C) 4660/2026



Advocates:
For the Appellants/Petitioners: Jayant K. Mehta, Sanampreet Singh
For the Respondents: Vaibhav Joshi, Vijay Joshi, Rakshita Goyal, Kuldeep Singh

Territorial jurisdiction of a High Court cannot be invoked solely based on the respondent's headquarters location; the court must apply the doctrine of forum non-conveniens when the material, essential, and integral cause of action has arisen outside its territorial jurisdiction.

Headnote:The petitioner filed a writ petition seeking disclosure of vigilance reports and consequential actions regarding a tender process previously litigated before another High Court. The primary legal issue concerns whether this Court should exercise territorial jurisdiction simply because the respondent is a Central Government instrumentality with its headquarters in Delhi, or whether the doctrine of forum non-conveniens should be applied when the cause of action predominantly arose elsewhere. The Court framed the issue as determining the threshold for territorial jurisdiction where the acts complained of occurred outside the jurisdiction. Citing established precedents, the Court reasoned that the mere location of the respondent's head office or the fact that a decision was finalized in the national capital does not confer territorial jurisdiction. The ratio decidendi emphasizes that the court must identify the 'material, essential, and integral' facts of a case, and if those facts arise outside its territory, the court may decline to entertain the petition even if a small part of the cause of action arguably arose within it. The petition is dismissed, granting the petitioner liberty to seek relief before the appropriate jurisdictional Court.

Table of Content
1. summary of procedural history and petitioner's claims regarding non-disclosure. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. evaluation of territorial jurisdiction and the principle of forum non-conveniens. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15)
3. assessment of contractual clauses vis-a-vis writ jurisdiction and final dismissal. (Para 16 , 17 , 18 , 19 , 20 , 21)

CM APPL. 22717/2026 (EXEMPTION)

1. Exemptions allowed, subject to all just exceptions.

2. Application stands disposed of.

W.P.(C) 4660/2026 and CM APPL. 22718/2026

3. The instant petition has been filed seeking following reliefs:

“a) Issue a writ of Mandamus or any other appropriate Writ, Order or Direction directing Respondent Nos. 1 to 3 to furnish and supply to the Petitioner copy of the report dated October 28, 2025, of Respondent No. 2, which was forwarded to the CVC and Respondent No. 3;

b) Issue a writ of Mandamus or any other appropriate Writ, Order or Direction directing Respondent Nos. 2 and 3 to place on record all the steps taken by them basis the CVC's direction to take "necessary action", as per the online case status;

c) Issue a writ of Mandamus or any other appropriate Writ, Order or Direction directing the Respondents to disclose before this Hon'ble Court the complete records, files, noting(s) and documents pertaining to the vigilance enquiry (including but not limited to the report dated October 28, 2025), by the then Central Vigilance Officer of Respondent No. I, conducted pursuant to the Complaints filed by the Petitioner;

d) Issue a writ of Mandamus or any other appropriate Writ, Order or Direction directing the Respondents that upon furnishing and disclosure of the aforesaid reports, records, files, noting(s) and documents to the Petitioner, Respondent Nos. 1 to 3 shall, within a time-bound period, take all necessary and consequential action(s) in accordance with law and Tender documents, and place the same on record before this Hon'ble Court;

e) Pass any such other or further order(s) or direction(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.”

4. It appears that the petitioner earlier had filed as a writ petition before the Bombay High Court bearing W.P.(C) 25315/2025 seeking, inter alia, a direction that it be declared as L1 Bidder qua respondent no. 1‟s tender dated 08.05.2025, for hiring a Service Provider for Operation of Supply base at Pipavav Port, Gujarat (hereinafter “said Tender”). The petition was disposed of vide order dated 02.09.2025 with liberty to file afresh. The said order reads as under:

“It appears that no formal application for carrying out amendments in the writ petition was moved on 18th August 2025 when leave was granted for amendment to the petitioners.

2. Mr. Setalvad, the learned senior advocate appearing for respondent no.1 has raised certain objections to several prayers which were not in the original petition.

3. Mr.Vyas, the learned senior advocate appearing for petitioner seeks permission to withdraw this writ petition with liberty to file a fresh writ petition with proper prayers supported by the documents therein.

4. Writ Petition (L) No.25315 of 2025 is disposed of with aforesaid liberty to the petitioners. It is also indicated that withdrawal of this writ petition with permission of the Court shall not cause any prejudice to the petitioner in any other proceeding taken out by the petitioner or against the petitioner in future.”

5. Subsequently, it appears, that the petitioner yet again knocked the doors of the Bombay High Court through another writ petition bearing W.P.(C) 27431/2025, challenging, inter alia, the opinion of the Independent External Monitor (hereinafter “IEM”). The said writ petition seems to have been disposed of vide order dated 01.10.2025, as being withdrawn by the petitioner, on the grounds that the Central Vigilance Commission („CVC‟), as per its memorandum, cannot delve into matters which are pending before a Court of law.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top