Disposed

M/S L G Electronics India Pvt. Ltd. v. Presiding Officer and Another

Allahabad HC9 Jul 2021WRIC/5966/2021

Case brief

AI extract

What is this about?

Hon'ble Pankaj Bhatia, J. disposed of a writ petition challenging an order on territorial jurisdiction passed without an opportunity of hearing. The Court directed the respondent authority to hear the matter on merits, consider defenses including jurisdiction, and decide expeditiously within six months.

What did the court decide?

Direction to respondent No. 1 to hear and decide the matter on merits, considering all defenses including territorial jurisdiction, within six months.

M/S L G Electronics India Pvt. Ltd… — Constitutional and Fundamental Rights | Allahabad HC (2021)

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Court No. - 34

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Case :- WRIT - C No. - 5966 of 2021

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Petitioner :- M/S L G Electronics India Pvt. Ltd. Respondent :- Presiding Officer And Another Counsel for Petitioner :- Nipun Singh,Anurag Khanna (Senior Adv.) Counsel for Respondent :- C.S.C.,Shivesh Mishra

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Hon'ble Pankaj Bhatia,J.

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Heard Sri Anurag Khanna, Senior Advocate assisted by Sri Nipun Singh, learned counsel for the petitioner, Sri Shivesh Mishra, learned counsel for the respondents, learned Standing Counsel and perused the record.

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The present writ petition has been filed challenging the order dated 19.1.2021 and 18.12.2020 whereby issue of territorial jurisdiction was adjudicated in Adjudication Case No. 188 of 2017 (M/s LG Electronics India Pvt. Ltd. Vs. Satyaveer Singh Chauhan).

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Counsel for the petitioner alleges that while deciding the question on lack of territorial jurisdiction, no opportunity of hearing was afforded to the petitioner.

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Counsel for the respondents argues that the law is very well settled with regard to territorial jurisdiction, however, considering the fact that opportunity of hearing was not granted, I deem it appropriate to dispose off the writ petition with a direction that the Respondent No. 1/concerned authority shall hear and decide the matter on merits and while doing so Respondent No.

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1/concerned authority shall consider all the defenses including the lack of territorial jurisdiction and the parties shall be free to rely on any document or law, they may choose to do so.

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It is further directed that the said authority shall also make all endeavour to decide all the questions including the question of territorial jurisdictional as expeditiously as possible preferably within six months from the date of receipt of a copy of this order in accordance with law.

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The writ petition is disposed off in terms of the said order.

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Copy of the order downloaded from the official website of this Court shall be treated as certified copy of the order.

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Order Date :- 9.7.2021 vinay

M/S L G Electronics India Pvt. Ltd. v. Presiding Officer and Another

Case brief

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M/S L G Electronics India Pvt. Ltd. v. Presiding Officer and Another

Case brief

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