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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 9159 of 2003

PETITIONER:

M/s. Kusum Ingots & Alloys Ltd.

RESPONDENT:

Union of India and Anr.

DATE OF JUDGMENT: 28/04/2004

BENCH:

CJI, S.B. Sinha & S.H. Kapadia.

JUDGMENT:

J U D G M E N T

S.B. SINHA, J :

INTRODUCTION

Whether the seat of the Parliament or the Legislature

of a State would be a relevant factor for determining the

territorial jurisdiction of a High Court to entertain a writ

petition under Article 226 of the Constitution of India is

the question involved in this appeal which arises out of a

judgment and order dated 25.7.2003 passed by the High Court

of Delhi in C.W.P. No. 4609 of 2003 holding that the said

Court has no jurisdiction.

BACKGROUND FACTS

The appellant is a company registered under the Indian

Companies Act. Its registered office is at Mumbai. It

obtained a loan from the Bhopal Branch of State Bank of

India. The respondent No. 2 issued a notice for repayment

of the said loan from Bhopal purported to be in terms of the

provisions of Securitisation and Reconstruction of Financial

Assets and Enforcement of Security Interest Act, 2002.

Questioning t