Five-Judge Bench principle of forum conveniens applied to dismiss appeal. Single Judge correctly refused writ jurisdiction as respondent No.2 lies outside territorial limits.
Appeal dismissedno interference with impugned order affirmed.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
E PREM KUMAR ..... Appellant
Through: Mr.Prashant Bhushan with Ms.Neha Rathi, Advs.
Versus
UNION OF INDIA & ANR ..... Respondents Through: Mr.Vivek Goyal, CGSC for R-1/UOI.
CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE JAYANT NATH
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O R D E R 21.01.2016
conveniens for dealing with the lis. In the present case, since not only is the respondent No.2 beyond the territorial jurisdiction of this Court but the lis also has a local flavour, it is deemed best that the writ petition, if at all entertainable, be entertained by the High Court within whose jurisdiction the respondent No.2 is situated and/or within whose jurisdiction the affairs of the respondent No.2 complained of are being conducted. The fact that the seat of the Ministry of Corporate Affairs is at New Delhi would not make any difference. The counsel for the petitioner does not controvert that the Ministry of Corporate Affairs, Govt. of India can be sued in any of Southern High Courts as well.”
CHIEF JUSTICE
JAYANT NATH, J
JANUARY 21, 2016 /pmc
1 issue framed by the court
Whether the Single Judge erred in declining to entertain the writ petition on the ground of lack of territorial jurisdiction and forum conveniens.
Colour shows how this judgement treated each authority
Sterling Agro Industries Ltd. vs. Union of IndiaFollowed¶14
Sterling Agro Industries Ltd. vs. Union of India 181 (2011) DLT 658 · Who else cites this
Prem Kumar
Union of India
Jayant Nath
As recorded by the court registry
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Jayant Nath
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